Is the school solely responsible for accidents that occur on campus?

In the event of an accident on campus, the responsibility for the accident should be determined according to the specific circumstances, and the school only bears the responsibility corresponding to its fault.

1. Article 37 of the Tort Liability Law of the People's Republic of China stipulates that managers of public places such as hotels, shopping malls, banks, stations, entertainment venues, etc., or organizers of mass activities, shall bear tort liability if they fail to fulfill their safety and security obligations and cause damage to others. Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the manager or organizer fails to fulfill the security obligations, they shall bear the corresponding supplementary responsibilities.

2. Article 7 of the Supreme People's Court's "Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" clearly stipulates that schools, kindergartens, or other educational institutions that have the obligation to educate, manage, or protect minors in accordance with the law, and fail to perform relevant obligations within the scope of their duties, causing minors to suffer personal injuries, or minors causing personal injuries to others, shall bear the liability for compensation corresponding to their faults.

If it can help you, or like, thank you.

Yes, if you don't have insurance, you should have a school to be fully responsible, because yes, the school is the school, and it happened, so yes, the school is fully responsible.

First of all, let's look at the situation.

According to Article 1199 of the Civil CodePersons with no capacity for civil conduct (minors under the age of eight).

Where a person 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 bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1,200Persons with limited capacity for civil conduct (minors over 8 years old).

Where a person 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 bear tort liability.

Article 1201Persons who lack or have limited capacity for civil conductWhere a third party other than the kindergarten, school or other educational institution suffers personal injury 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 supplementary liability.

The school is not necessarily solely responsible for accidents that occur in school, it depends on the situation and whether the school is at fault.

Ministry of Education's "Measures for the Handling of Student Accidental Injury Accidents" Article 9: Schools shall bear corresponding responsibility for student injury accidents caused by any of the following circumstances: (1) The school's school buildings, grounds, and other public facilities, as well as the school tools, education, teaching, and living facilities, and equipment provided to students for use do not meet the standards prescribed by the state, or have obvious unsafe factors; (2) Where there are obvious omissions in the school's safety management systems such as for safety and security, fire protection, and facilities and equipment management, or where management is chaotic and there are major potential safety hazards, and measures are not taken in a timely manner; (3) The medicines, food, drinking water, and so forth provided by the school to students do not meet the relevant standards and requirements of the state or industry; (4) The school organizes students to participate in educational and teaching activities or extracurricular activities, but does not conduct corresponding safety education for students, and does not employ necessary safety measures within the foreseeable scope; (5) The school knows that teachers or other staff are suffering from illnesses that are unfit to serve in education and teaching work, but do not employ necessary measures; (6) Schools violate relevant provisions by organizing or arranging for minor students to engage in labor, sports, or other activities that are inappropriate for minors to participate in; (7) Students have a specific constitution or a specific illness that is not suitable for participating in certain educational and teaching activities, and the school knows or should know about it, but fails to pay the necessary attention; (8) Where a student suddenly falls ill or is injured while at school, and the school discovers it, but fails to promptly take appropriate measures based on the actual circumstances, causing the negative consequences to be aggravated; (9) School teachers or other staff corporal punishment or covert corporal punishment of students, or violating work requirements, operating procedures, professional ethics, or other relevant provisions in the course of performing their duties; (10) Where school teachers or other staff, during the period of their duties to organize and manage minor students, discover that students' conduct is dangerous, but fail to carry out necessary management, warnings, or stops; (11) Where the school discovers or knows of information directly related to the student's physical safety, such as a minor student's leaving school without authorization, but fails to promptly inform the minor student's guardian, causing the minor student to be harmed as a result of leaving the guardian's protection; (12) The school has other circumstances in which it has not performed its duties in accordance with law.

The amount of responsibility that a school bears is related to whether the school has fulfilled its educational and management responsibilities.

1. How much responsibility does the school bear:

Personally, I believe that the school should bear some responsibility. The amount of responsibility that a school bears is related to whether the school has fulfilled its educational and management responsibilities. In addition to informing the school of the dangers of the facilities, the school's educational and management responsibilities should also tell them how to avoid the dangers and protect themselves.

2. The next responsibility goes:

In school, the amount of compensation can be determined according to the disability and other circumstances. Negotiations are then held with the school and the parents of the perpetrator to see if an agreement can be reached on compensation. If you can't reach an agreement, you can only go to court to sue.

3. What proportion of the school's liability insurance can generally be reported:

Look at the type of insurance on the school and the claim requirements determined by the policy. It is best to look at the policy and consult the insurance company for details.

Generally, one part of the insurance is reimbursed, and the school bears the other part.

First. The child is at school, and the accident is also at school. The school has the responsibility of supervising the child. The school should be 100 per cent responsible.

You should bear part of the responsibility, and you must not have as much responsibility as what happened at school, because when you are at school, the school is the guardian of the students, and the school is inseparable from how many things you do.

The Tort Liability Law, promulgated on July 1 this year, says: If a minor student suffers personal injury due to the tortious acts of other students while studying or living in a kindergarten, school or other educational institution, the guardian of the infringing minor student shall bear the responsibility, and the school shall bear the responsibility commensurate with the fault if the school is at fault. The school is not a guardian!

There is no responsibility of the school during the period of study and life in the school.

If the following conditions are met, the school shall be held responsible.

According to Article 9 of the Measures for the Handling of Student Injury Accidents:

Schools shall bear corresponding responsibility for student injury accidents caused by any of the following circumstances in accordance with law:

1. The school's school buildings, grounds, and other public facilities, as well as the learning tools, education, teaching, and living facilities and equipment provided by the school to students do not meet the standards prescribed by the state, or have obvious unsafe factors.

2. There are obvious omissions in the school's safety management systems such as safety and security, fire protection, and facility and equipment management, or the management is chaotic, and there are major potential safety hazards, and measures are not taken in a timely manner.

3. The medicines, food, drinking water, etc. provided by the school to students do not meet the relevant standards and requirements of the state or industry.

4. The school organizes students to participate in educational and teaching activities or off-campus activities, fails to conduct corresponding safety education for students, and fails to take necessary safety measures within the foreseeable range.

5. The school knows that teachers or other staff members are suffering from diseases that are unsuitable for education and teaching work, but fails to take necessary measures.

6. Schools violate relevant provisions by organizing or arranging for minor students to engage in labor, sports, or other activities that are not suitable for minors to participate in.

7. Students with special constitutions or specific diseases who are not suitable to participate in certain educational and teaching activities, and the school knows or should know about them, but does not pay the necessary attention.

8. A student suddenly falls ill or is injured while at school, and the school discovers it, but fails to take corresponding measures in a timely manner based on the actual situation, resulting in aggravated negative consequences.

9. School teachers or other staff corporal punishment or covert corporal punishment of students, or violating work requirements, operating procedures, professional ethics, or other relevant provisions in the course of performing their duties.

10. During the period of their duties to organize and manage minor students, school teachers or other staff discover that students' conduct is dangerous, but fail to carry out necessary management, warnings, or stops.

11. The school discovers or knows of information directly related to the student's physical safety, such as a minor student's leaving school without authorization, but fails to promptly inform the minor student's guardian, causing the minor student to be harmed as a result of leaving the guardian's protection.

12. The school has other circumstances where it has not performed its duties in accordance with law.

Of course, you have to be responsible, but if the student is involved in a major violation or violation, the school can be exempted from part of the responsibility, that is, you can compensate relatively less, but the compensation is fixed.

Article 38: Where a person without capacity for civil conduct suffers personal injury while studying or living in a kindergarten, school, or other educational institution, the kindergarten, school, or other educational institution shall bear responsibility, but where it can be proved that they have fulfilled their educational or management duties, they are not liable.

Article 39: Where persons with limited capacity for civil conduct suffer physical harm during the period of study or life at schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear responsibility.

Article 40: Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a person other than a person outside the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the infringer bears tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

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This is the responsibility of the school, because after all, the student is in the accident that happens at school. So schools should take their own responsibility.

If a student has an accident outside of school, the school should not be held responsible, and the insurance company will generally bear the responsibility for the accident outside of school.

Article 9 of the Ministry of Education's "Measures for the Handling of Student Accidental Injury Accidents" The school shall bear corresponding responsibility for student injury accidents caused by any of the following circumstances in accordance with law.

If an accident occurs at school and the students in the school have purchased accident insurance, you can ask the person in charge of the school to take the road of insurance.

Should the school be held responsible for an accident involving a student at school? If a student has some accidents at school, the school must bear some responsibility.

Joint and several liability should be borne, and the infringer should bear the first responsibility.

Legal Analysis: The school is responsible for the accident of the student at school. The so-called liability of educational institutions refers to the liability of educational institutions for compensation when persons without or limited capacity for civil conduct suffer personal injury or damage to others due to the educational institution's failure to perform their corresponding educational management duties during the period of study and life in kindergartens, schools and other educational institutions.

When a student is injured during the course of studying or living in an educational institution, the educational institution shall not bear the responsibility of guardianship without fault, but can only bear tort liability for the injury caused to the minor student due to its own fault.

Legal basis: Article 1200 of the Civil Code of the People's Republic of China 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 bear tort liability.

The school is responsible for the accident of a student at school, as follows:

1. Where a person with limited capacity for civil conduct suffers personal injury at school, and the school fails to perform its educational and management duties, it shall bear tort liability;

2. Where minors suffer personal injuries due to failure to perform relevant obligations within the scope of their duties, or where minors cause personal injury to others, they shall bear liability for compensation corresponding to their faults.

Procedures for Handling Student Injury Accidents:

1. In the event of accidental injury to a student, the school shall promptly teach and assist the injured student, and promptly inform the guardian of the minor student; Where there is capacity, emergency rescue and other methods shall be employed;

2. If the accident of accidental injury to a student is serious, the school shall report it to the district education bureau and relevant departments in a timely manner; If it is a major accident, the District Education Bureau shall report to the District Education Bureau and the Municipal Education Bureau in a timely manner in accordance with the relevant regulations;

3. After the leading group office reports to the leaders, quickly organize or coordinate relevant departments and personnel to rush to the scene to guide and assist the school in handling the accident, and restore the normal educational and mathematical order of the school as soon as possible;

4. After the accidental injury of a student, the school and the injured student or the student's parents shall properly handle the student injury accident in accordance with relevant laws and regulations;

5. After the accident is handled, the school shall report the accident handling results in writing to the District Education Bureau. The results of the handling of major injuries and fatalities shall be reported in writing by the District Education Bureau to the District ** and the Municipal Education Bureau.

Legal basisArticle 1199 of the Civil Code of the People's Republic of China.

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 bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1,200

Where a person with limited capacity for civil conduct suffers personal injury during the period of study or life at a school or other educational institution, and the school or other educational institution fails to perform its educational or management duties, it shall bear tort liability.