How to compensate a child who is injured by a classmate at school

If a child is injured by a classmate at school, the party who hit the child should be liable, and since he is a minor, his guardian should be liable for compensation. At the same time, if the school fails to fulfill its educational and management duties, it shall also bear certain 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 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.

Hello, dear, I am happy to answer for you how to ask for compensation if your child is injured by a classmate; If a primary school student is injured by a classmate at school, the parents of the classmate shall bear the liability for damages, and if the school is at fault for the accident or cannot prove that it is at fault for not paying attention to the banquet, it shall also bear the corresponding responsibility. The standard of compensation is determined according to the criteria for determining the degree of injury. The compensation includes medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc.

You can sue the school, as well as the guardian of the classmate who hit your child. The compensation items that can be claimed include medical expenses, nursing expenses, lost work expenses, spiritual pensions, food subsidies, nutrition expenses and living expenses of dependents, and the amount of compensation needs to be prudent in combination with the specific circumstances.

Summary. Hello, dear. If a child is injured by a classmate at school, the guardian of the infringing party needs to bear the liability for compensation in accordance with the provisions and compensate for the personal injury caused by the injured child.

The compensation standards for students who are injured by classmates at school are as follows: 1. The medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates; 2. The nursing fee is determined according to the income status of the nursing staff, the number of nursing staff, and the nursing period; 3. Transportation expenses are calculated according to the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer**; 4. The hospital meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.

Hello, dear. If a child is injured by a classmate at school, the guardian of the infringing party is required to bear the liability for compensation in accordance with the provisions and compensate for the personal injury caused by the injured child. The compensation standard for students injured by classmates at school is as follows:

1. The medical expenses shall be determined according to the receipt vouchers for medical expenses and hospitalization fees issued by the medical institution, combined with relevant evidence such as medical records and diagnosis certificates; 2. The nursing fee is determined according to the income status of the nursing staff, the number of nursing staff, and the nursing period; 3. Transportation expenses are calculated according to the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer**; 4. The net subsidy for inpatient meals can be determined with reference to the standard of business trip meal subsidy for general staff of local state organs.

Legal basis: Article 1188 of the Civil Code of the People's Republic of China [Responsibility of Supervisors and Guardians] Where a person who lacks civil capacity or a person with limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. Where the guardian fulfills his guardianship duties, the tort liability of Yu Yingtuan may be reduced.

Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.