Whether the school is responsible for the child s own accidental injury to his or her eyes at school

Whether the school is responsible for the child who accidentally injures his eyes at school should be analyzed according to the specific situation

1. If the child is a person with no capacity for civil conduct, the school shall be liable, but if it can be proved that he has fulfilled his or her educational and management duties, he shall not be liable.

2. If the child is a person with limited capacity for civil conduct, if it can be proved that the school has not fulfilled its educational and management duties, it shall be liable.

Tort Liability Law

Article 38.

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall be liable, but those who can prove that they have fulfilled their educational or management duties shall not be liable.

Article 39.

Where a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall be liable.

1. Your question lacks two aspects, one is the school's management regulations, for example, children under the age of 10 are boarding at school, who usually sharpens pencils (as far as I know, 10 years old is about the third grade, and many children at this age cannot sharpen pencils by themselves); The second is what was the situation at that time, for example, what did the child do with the knife, how long did he hold the knife, and what was the teacher doing at that time?

2. Article 38 of the Tort Liability Law stipulates that if a person without civil capacity suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that he has fulfilled his educational and management duties, he shall not be liable.

Therefore, you can claim that the school is liable under this article, and if the school wants to be not responsible, it has to prove that it has fulfilled its duty (reversal of the burden of proof), then you can make it clear that the first thing is true, and if the school is really in trouble, it cannot prove that it has fulfilled its duty, and your request will be supported.

3. From a technical point of view, if the child is really to blame for this matter, it is recommended that you can negotiate with the school to resolve it without going through legal procedures, and talk to them, mainly depending on your strength, and you may be able to get more compensation or compensation.

Of course, there is responsibility, students are injured at school and workers are injured at work, and the supervision is unfavorable and jointly and severally liable.

The school bears the fault liability in this kind of case, that is, the school must be liable for negligence and loopholes in management, and the civil law adopts the principle of advocating who bears the proof, that is to say, the school is at fault and you need to provide evidence, which is too difficult, and in practice, evidence is a big problem, and you are advised to settle it by private remedy.

Some. I'm not a lawyer, so I advise you not to find a lawyer for this kind of thing, it's a complete waste of money.

Regulatory disadvantage and joint and several liability.

Who should bear the responsibility for a student who is deliberately injured by a classmate at school?

Where a person without capacity for civil conduct suffers a personal injury while studying or living in a kindergarten, school, or other educational institution, the principle of presumption of fault applies; The principle of fault liability applies to persons with limited capacity for civil conduct who suffer personal injury while studying or living in kindergartens, schools, or other educational institutions. Where a third party's conduct causes harm to students, the principle of fault liability applies.

1. If the school is liable, it can claim compensation for part of the following expenses.

2. The other party can be required to make civil compensation, claiming compensation for medical expenses, lost work expenses, nutrition expenses, nursing expenses, property losses, etc., and if it constitutes disability, the other party can also be required to compensate for disability compensation. The amount of the fee can be referred to the following criteria.

1) Medical expenses. The amount of medical expenses is determined based on the diagnosis certificate of the hospital and the official medical invoice. Including the **fee, examination fee, surgery fee, medical fee, hospitalization fee, plastic surgery fee and follow-up ** and other expenses you pay for **;

2) Nutrition fee. The amount of nutrition expenses is determined on the basis of a doctor's certificate of diagnosis of nutritional needs and proof of related expenses. It refers to the cost of purchasing nutritional products other than daily diet to assist **physical diseases or to make the body as soon as possible**.

Constituent Elements. 1. The illegality of the act.

The so-called illegality of the act refers to the violation of the prohibitive or mandatory provisions of the law by the perpetrator.

2. The existence of the fact of damage.

The fact of damage includes damage to both public property and private property, as well as damage to non-property rights.

Damage to property, both direct and consequential. Direct damage, also known as positive property loss, refers to the reduction of the victim's existing actual property, while indirect damage, also known as negative property loss, refers to the reduction of the victim's interests, and the damage to the person includes damage to life, health, reputation, honor, etc., and the damage to the person often also generates a certain amount of property loss.

Students who are injured at school should be distinguished according to the age of the student and the reason for the student's injury.

1) If a minor under the age of 10 is injured at the school due to reasons other than those outside the school, the school shall be liable for compensation, unless the school can provide evidence to prove that the minor under the age of 10 has fulfilled its educational and management duties.

2) If a minor who has reached the age of 10 but is not under the age of 18 is injured at school due to reasons other than those outside the school, the school shall generally not be liable for compensation, unless the injured student can provide evidence to prove that the school has not fulfilled its educational and management duties. The burden of proof is on the student's side.

3) All minors under the age of 18 who are injured at school due to reasons attributable to people outside the school shall be liable for the infringer. When the victim cannot receive compensation from the tortfeasor or does not receive full compensation, the school shall be liable for compensation if the victim can prove that the school was negligent in management.

When defining students' time in school, the principle of "door-to-door" should be adopted, that is, the school education and teaching activities that students participate in from the time they enter the school to the time they leave the school. Out-of-school activities organized by the school are also included, and if there is a shuttle bus to pick up and drop off the school or kindergarten, it should be limited to the door of the shuttle bus, including the protection of getting on and off the bus.

According to the Supreme People's Court's interpretation of personal injury compensation, only the school bears supplementary joint and several liability for the personal injury of a minor at school.

Reference: Article 6 of the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Where natural persons, legal persons, or other organizations engaged in business activities such as lodging, catering, and entertainment, or other social activities, fail to fulfill their safety and security obligations within reasonable limits, causing others to suffer personal injury, and the person entitled to compensation requests that they bear the corresponding liability for compensation, the people's court shall support it.

As a school, parents from both sides should be invited to sit down and negotiate, what are the parents' requirements?

Summary. Hello, Legal Analysis: Is the school responsible for the child's eye injury at school:

Responsible. 1. If it is caused by the fault of the school, the school shall bear the corresponding liability for compensation in accordance with the tort, and the school shall compensate the injured student for medical expenses, nursing expenses, transportation expenses, nutrition expenses and other reasonable expenses, but the school can prove that it has fulfilled its educational and management responsibilities, and the student's injury is caused by the student's personal reasons, and the school does not need to be liable; 2. If the student's injury at school is caused by a third party outside the school, if the school cannot prove that it has fulfilled its management duties, the school shall bear supplementary liability, and the school may recover from a third party after assuming supplementary liability.

Hello, legal analysis: Is the child responsible for the eye injury at school: is the school responsible.

1. If it is caused by the fault of the school, the school shall bear the corresponding liability for compensation in accordance with the civil tort, and the school shall compensate the injured student for medical expenses, nursing expenses, transportation expenses, nutrition expenses and other reasonable filial piety expenses, but the school can prove that it has fulfilled its educational and management responsibilities, and the student's injury is caused by the student's personal reasons, and the school does not need to be liable; 2. If the student's injury at school is caused by a third party outside the school, if the school cannot prove that it has fulfilled its duty of care, the school shall bear supplementary liability, and the school may recover from a third party after assuming supplementary liability.

Legal basis: Article 101 of the Civil Code of the People's Republic of China Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming the responsibility for supplementing Qiaobiheng.

If a student is injured while playing with his classmates, and it is serious, can he become a disabled eye, what responsibility should the school and classmates have?

Students should bear the primary responsibility.

The school is responsible for failing to fulfill its management responsibilities.

The school is a full-time nursery school, a school for left-behind children, and the main responsibility of the students should bear those things! What should schools do?

Full-time nursery schools should bear the responsibility of management, and the school needs to compensate.

If the child becomes blind, what should the school compensate?

Indemnification. What are the responsibilities?

Medical expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, necessary nutrition expenses, etc.

What are the responsibilities of the classmates?

It's the same, compensation.

If you have a broken eye, a broken image, can't see, etc., how should you compensate?

Only compensation can be claimed.

You can only ask for money, and if the classmate was unintentional before, and it generally does not constitute a crime, you can only ask for money.

Summary. Hello! The school is responsible.

According to the laws and regulations of our country, schools should fulfill their responsibility for safety and security when carrying out educational and teaching activities, and if the school fails to fulfill its responsibility for safety and security and causes children to be injured at school, the school has certain responsibilities. Specifically, China's "Compulsory Education Law" stipulates that schools should implement safety education, prevent and deal with safety accidents caused by education and teaching activities, and other responsibilities to ensure the safety and health of teachers and students. In addition, according to the provisions of the Tort Liability Law, as a public place, the school shall take necessary measures to maintain the safety of the premises.

In the event of an accidental injury, the school shall be liable for compensation.

Hello! The school is responsible. According to the laws and regulations of our country, schools should fulfill their responsibility for safety and security when carrying out educational and teaching activities, and if Kaiyuguo School did not pay attention to the safety and security responsibilities and caused children to be injured at school, the school has certain responsibilities.

Specifically, China's "Compulsory Education Law" stipulates that schools should implement safety education, prevent and deal with safety accidents caused by education and teaching activities, and other responsibilities to ensure the safety and health of teachers and students. In addition, according to the provisions of the Tort Liability Law, as a public place, the school shall take necessary measures to maintain the safety of the premises. In the event of an accidental injury, the school shall be liable for compensation.

It should be noted that whether the child's injury at school will cause the school to bear all or part of the responsibility needs to be analyzed on a case-by-case basis. If the child is injured due to the school's failure to fulfill its responsibility for safety and security, or if the child is injured due to the school's fault, the school shall be held responsible. However, if the child behaves inappropriately or is injured due to the fault of others, the school will not be held responsible.

Regarding the extension of this issue, it should be noted that some schools will also take some measures in order to reduce the occurrence of safety accidents, such as formulating corresponding safety management systems, setting up warning signs, conducting safety drills, etc. Therefore, if a child is injured at school, it is only necessary to judge whether the school has fulfilled its safety and security responsibilities, which does not mean that the school has fulfilled all its responsibilities for safety and security, and some corresponding measures can also be considered as appropriate. <>

The school is a "school for left-behind children" and a full nursery, and I go home with 2 to 4 days of monthly leave every month, and the rest of the time is at school!?

That's the responsibility of the school.

Do you have any questions?

Summary. Hello, the school is responsible for the child's eye injury at school, specifically, the school, as a public place, should have the legal responsibility to ensure the safety and health of students. If your child has suffered an eye injury at school, it is recommended that you contact the school in time to find out the details of the accident and keep relevant evidence, such as medical records, accident reports, etc.

If you believe that the school is negligent or negligent, you can file a complaint with the local education department or relevant departments. <>

Specifically, the school, as a public place, should have a legal responsibility to ensure the safety and health of students. If your child has suffered an eye injury at school, it is recommended that you contact the school in time to learn more about the details of the accident and keep relevant evidence, such as medical records, accident reports, etc. If you believe that the school is negligent or negligent, you can file a complaint with the local education department or relevant departments.

Hello, we can follow the provisions of China's "Compulsory Education Law": 1. Schools should establish and improve safety management systems, strengthen the safety education and management of students, and take effective measures to prevent and reduce the occurrence of campus accidents. 2. If the school has negligence or negligence in safety management, resulting in injury to students, then the school may need to bear the legal responsibility for the slippery and corresponding problems.