Compensation standards for accidental drowning deaths, compensation standards for accidental drownin

Legal analysis: if drowning is a sudden accident, it should constitute the occurrence of an accident in the accident insurance, and it is an accident insurance liability; The compensation of the insurance company is limited to the amount of insurance agreed in the insurance contract, and the original policy of the parties can be consulted, and the insurance amount of accident insurance will be stated on the policy, which should be the maximum compensation limit. Legal basis:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 29: Death compensation is calculated over a period of 20 years in accordance with the standard of per capita disposable income of urban residents or per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

The compensation standards for accidental drowning death of a child include:

1. The compensation standard for accidental drowning death of a child shall be calculated on a 20-year basis in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed;

2. The funeral expenses shall be calculated on the basis of the average monthly wage of employees in the previous year at the location of the court where the lawsuit is filed, and shall be calculated on the basis of the total amount for six months;

3. For the object of compensation, it shall be determined according to the actual drowning situation, and it can be handled through consultation with the parties.

What are the rules for the school to compensate for the death of a student by drowning:

1. It is necessary to determine whether the student leaves the school and goes home after the examination, whether it is an illegal act, and the time and space scope of the school's due management and education responsibilities, once the student leaves the school gate, it is no longer within the time frame of the school management, and the student should be responsible for it;

2. They should have a certain ability to distinguish between right and wrong and protect their own safety, and they should be responsible for the consequences of drowning death even if they know that swimming in a mountain pond is dangerous.

Legal basis:Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

Where the compensation rights holder sues some of the joint infringers, the people's court shall add other joint infringers as joint defendants. Where the person entitled to compensation waives its claims against some of the joint infringers in the litigation, the other joint infringers shall not be jointly and severally liable for the share of compensation that the defendant whose claims have been abandoned. Where the scope of liability is difficult to determine, it is presumed that the joint tortfeasors bear equal liability.

The people's court shall inform the person entitled to compensation of the legal consequences of the waiver of the litigation claim, and explain the circumstances of the waiver of the litigation claim in the legal documents.