Who is responsible for injuries caused by basketball among classmates?

Updated on physical education 2024-08-04
13 answers
  1. Anonymous users2024-02-15

    Injuries sustained while playing basketball between classmates are the responsibility of the student.

    Playing basketball is a cultural and sports activity with certain risks, and if the party voluntarily participates, if the other party is not intentional or grossly negligent, the victim shall bear the responsibility himself. Where voluntary participation in cultural and sports activities with a certain degree of risk is harmed by the conduct of the participants, the victim must not request that the participants bear tort liability.

    In cultural and sports activities, the rules allow reasonable physical contact and even collision, so the participants of the activity are in danger of physical collision and damage in the process of participating in the activity, and this danger is uncertain, and this uncertain danger may cause the participant to suffer physical damage, so the participants will be in a certain potential danger without exception, and the participant may be both the maker of the potential danger and the bearer of the potential danger.

    Participants in cultural and sports activities theoretically have the ability to foresee and recognize the dangers and possibilities of damage, and their spontaneous participation in the activities itself means that they voluntarily bear the harmful consequences that may result from the activities. Of course, damages that do not occur during cultural and sports activities are not compensated. The key to whether the victim can prove that the other party was intentional or grossly negligent in the occurrence of the damage.

    If it can be proved, it shall bear the corresponding responsibility in accordance with the law. If it cannot be proved, it is not liable for compensation.

    Article 1176 of the Civil Code of the People's Republic of China: Where voluntarily participating in cultural and sports activities with a certain degree of risk is harmed by the conduct of other participants, the victim must not request that the other participants bear tort liability; However, this does not apply if other participants are intentionally or grossly negligent in causing the damage.

    The responsibilities of event organizers shall be governed by the provisions of Articles 1198 to 1201 of this Law.

    Article 1198: Where the operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues, or other business venues or public places, or the organizers of mass events, fail to fulfill their obligations to ensure safety and cause harm to others, they shall bear tort liability.

    Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. After the proprietor, manager or organizer bears supplementary liability, it may recover compensation from a third party.

  2. Anonymous users2024-02-14

    Normal collisions are responsible for each.

  3. Anonymous users2024-02-13

    Injuries sustained while playing basketball between classmates are the responsibility of the student.

  4. Anonymous users2024-02-12

    It should be the responsibility of the students and the school.

  5. Anonymous users2024-02-11

    Hello, I'm very happy with your question, about whether a student is injured playing basketball at school and the school is responsible, we have to clarify two points.

    First, under what circumstances did the student play basketball, if he was injured in a basketball game organized by the school or injured in a basketball game in a physical education class, the school should bear the main responsibility, because this is an activity organized by the school, and if the student was injured in the basketball game because of the recreational activities organized by the student, then the student himself should bear the main responsibility.

    Second, find out the reason for the student's injury, if he is injured in sports, the student should bear the main responsibility, if someone else is injured in the collision, the student himself is responsible for the collision with him, and there is a situation where the quality of sports equipment installation causes the student to be injured, then the school should bear the main responsibility.

    Hope mine can help you

  6. Anonymous users2024-02-10

    In view of the above circumstances, first, whether the school should bear the corresponding responsibility depends on the circumstances, and if a person with limited civil capacity suffers personal injury during the period of study or life in the school or other educational institution, and the school or other educational institution fails to perform its educational and management duties, it shall be liable. Therefore, if the school fails to fulfill its reasonable management responsibilities, then the school can be required to bear the corresponding responsibility, second, for this situation, it can be liable according to the principle of fault, if the other party is at fault, then the other party can be required to bear the liability for compensation, if you are also at fault, then the other party's liability for compensation can be reduced. Third, it is suggested that the above situation can be handled through negotiation between the two parties, and if the negotiation fails, then the relevant evidence can be retained and handled through the legal channel of litigation.

  7. Anonymous users2024-02-09

    I'm glad to answer your questions, hello, this school can't take responsibility, unless it's going to the school to go out to play, maybe the school will pay part of the fee, and the rest is to pay for the medical bills yourself. If you don't understand something, you can continue to ask me, I will always serve you, I wish you a happy life!

    Students who are injured can go to the school infirmary to treat their wounds, and if they are more serious, they can go to the hospital for treatment.

    Questions. A child is injured in a basketball game at school.

    A few stitches are required. Is it a basketball game held by the school? Questions. Well.

    The school should not be fully responsible for this.

    The school should not be fully responsible for this.

    No, no, no. Whether a student is injured in a school basketball game or not, whether the school is responsible needs to be determined on a case-by-case basis, and if the school has not engaged in inappropriate behavior, such as providing a qualified court, the school is not liable.

    First of all, parents. Questions.

    Who is responsible. Isn't the school responsible at all?

    Injuries sustained while playing basketball at school are of the same nature as those sustained in physical education classes, and as long as the school is not at fault, the responsibility lies with the students and parents.

    Yes, this is still a pity, and the state does not have clear policies and regulations on this.

    Relatively flabby. Whether the school is responsible or not depends on the specific circumstances of the event.

    My college classmates sprinted and caused problems with their legs.

    I've been running around for the past few years

    It's still a bit lame.

    can only bear it by himself, just like a national athlete who wins a gold medal for the country, in addition to things, such as Liu Xiang, his money is also paid by himself.

    The state will only give some support and assistance to athletes to a greater or lesser extent out of humanitarian spirit.

    The school may buy fruit gifts to comfort the students out of a humanitarian spirit.

  8. Anonymous users2024-02-08

    Injured by a dunk in physical education class, why is the school "not responsible".

    In a recent case, a student at a high school in Shanghai fell and broke a bone after a dunk in physical education class, and the physical education teacher immediately sent him to the hospital. It is worth noting that in the past, most schools were primarily responsible for injuries that occurred in school physical education classes, but in this case, the school was "not responsible".

    The school has fulfilled its management responsibilities and the child is a high school student over the age of 16 who should have the ability to protect himself in physical education class. Zhang Jiawei, assistant judge of the juvenile division of the Shanghai No. 1 Intermediate People's Court, told reporters that in this case, the school's physical education teacher did a full hazard notification before class, and especially reminded the students concerned to "don't dunk the dunk", and other students in the same class testified, and the school's basketball court facilities met the standard requirements. Therefore, the court held that the school had managed properly in this accident and was not liable.

    Such a verdict in this case has greatly boosted the school's confidence in organizing sports.

    The principal of a high school in Shanghai's Changning District told reporters that during the summer vacation, he specially invited the judge of the juvenile division of the court to explain the law to all the teachers of the school, "This autumn semester, I plan to vigorously develop campus sports, and football and basketball are all online." But we have to do a solid job of campus management responsibilities first, once we increase sports, it is easy to cause injuries. ”

    Liu and Li, as persons with limited capacity for civil conduct, should have a certain degree of foreknowledge and judgment of this danger, but the risk of accidents cannot be avoided. The injury caused by Li's normal physical collision with Liu was an accident, and neither party was at fault.

  9. Anonymous users2024-02-07

    Hello, if a student is injured while playing basketball at school, then the school has a certain responsibility, and the school needs to pay a certain amount of money for **.

  10. Anonymous users2024-02-06

    If a student is injured while playing basketball at school, it is related to the school, and it is recommended that you take your child to the hospital for a check-up as soon as you are injured!

  11. Anonymous users2024-02-05

    If a student is injured playing basketball at school, whether the school is responsible, I think the school is more or less responsible, and students generally have purchased school insurance, which can be reimbursed.

  12. Anonymous users2024-02-04

    I advise all parents in the society not to do those vexatious things, who is responsible to go to whom, don't always think about the accident that happens at school to go to school, if you really go to school, then I can tell you for sure that if everyone in the society does this, the future school will become no physical education class, no sports day, and even a ten-minute break between classes, because the school is afraid of responsibility, afraid of compensation. Once these courses are gone, what do you think education in our country will look like? It's scary to think about.

    Here, I hope that every parent can be a reasonable person and cooperate with the school to educate their children well, which is the most important thing.

  13. Anonymous users2024-02-03

    Legal Analysis: The school is responsible for the injury of a student playing basketball at school. 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.

    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.

    Legal basis: Article 1199 of the Civil Code of the People's Republic of China Where a person without capacity for civil conduct suffers personal injury during his 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.

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Pay attention to a lot, mainly ankles, wrists, finger joints, these can only depend on luck, if you want to play, you are not afraid of small injuries.