Whether the accidental injury of a student at school should be compensated by the school or the pare

It is generally the responsibility of the parent of the child who caused the injury.

Legal basis: Tort Liability Law of the People's Republic of China.

Article 32: Where persons lacking or limited capacity for civil conduct cause harm to others, the guardian bears tort liability. Where guardians fulfill their guardianship responsibilities, their tort liability 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.

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.

It depends on how old your child is, under the age of 10 is a person with no civil capacity, 10-18 years old is a person with limited civil capacity, and over 18 years old is a person with full civil capacity.

If a student suffers personal injury from someone outside the school at school, the tortfeasor shall be liable. However, if the school fails to fulfill its management responsibilities, it shall bear the corresponding supplementary responsibilities.

It should be analysed on a case-by-case basis on the basis of actual circumstances

Lawyer Liu Hui.

If a student has an accident at school, whether the school should be responsible and responsible mainly depends on how the student has the accident. If an accident occurs to a student because of some of the school's facilities, then the school is indeed responsible. However, if the child is involved in an accident due to a fight with other students, then the school does not have to compensate for it.

If there are some safety hazards in the school, such as a student falling down the stairs, then the school is responsible for compensation. For example, because of the excessive teaching pressure of the school, the student commits suicide, which also needs to be responsible. There is also the school cafeteria, if it is unhygienic, then it is also necessary to be responsible.

For example, if our child eats in the school cafeteria, because the school diet is unhealthy, and the child has diarrhea, or has more serious injuries, then the school will also have to compensate.

If there is no obvious fault on the part of the school, then the school does not have to pay compensation, for example, the fight between students has nothing to do with the school. Therefore, parents cannot find a school to compensate. However, if the child's injury is more serious, we can go to the other parent to negotiate compensation.

And there are some students who choose to commit suicide because of their own psychological problems, or there are other phenomena, so the school does not have to bear any responsibility.

Teachers should tell parents about all kinds of phenomena in school in time, so that students can be safer. If the child's physical condition is not particularly good, we should go to the teacher in advance to tell the child's physical condition. How is the child's physical condition?

It mainly depends on how the parents go to tell the teacher.

You need to bear compensation, the student has an accident in the school, and it is also because the supervision of the school is not strict, so the accident will occur, and compensation must be paid.

If a student has an accident in school, the school has to bear a certain amount of compensation, and the school has the responsibility to protect the safety of the student when the parent hands over the child to the school.

Of course it should. Because the student has an accident at school, the school should be held responsible.

There must be responsibility, and such an accident happened at school, so the school leaders must definitely take responsibility.

Article 23 of the Measures for the Handling of Student Injury Accidents The organization or individual responsible for the occurrence of student injury accidents shall bear the corresponding liability for damages in accordance with the relevant provisions of laws and regulations.

Article 24: The scope and standards of compensation for student injury accidents are to be determined in accordance with relevant administrative regulations, local regulations, or relevant provisions in judicial interpretations of the Supreme People's Court.

When the administrative department for education conducts mediation, if it finds that the school is responsible, it may submit a corresponding mediation plan in accordance with relevant laws, regulations, and relevant state provisions.

Article 25: Where there is a dispute over the degree of disability of an injured student, a local hospital or relevant institution with corresponding evaluation qualifications may be entrusted to conduct an evaluation on the basis of the personal disability standards provided by the state.

Article 26: Where schools are responsible for student injury accidents, they are to give appropriate economic compensation based on the extent of responsibility, but do not undertake the resolution of household registration, housing, employment, and other matters that are not directly related to the rescue of injured students or compensation for corresponding economic losses.

Where the school is not responsible, if there is capacity, it may give appropriate assistance to the injured student based on the actual situation and on the basis of the principle of voluntariness and possibility.

Article 27: After the school compensates for student injuries caused by intentional or gross negligence on the part of school teachers or basic staff in the performance of their duties, they may recover compensation from the relevant responsible personnel.

Article 28: Where minor students are responsible for student injury accidents, their guardians are to bear the corresponding liability for compensation in accordance with law.

Where students' conduct infringes upon the lawful rights and interests of school teachers and other staff, as well as other organizations or individuals, causing harm, the adult students or guardians of minor students shall compensate them in accordance with law.

Article 29: The school shall be responsible for raising compensation that shall be borne by the school on the basis of an agreement reached between the two parties, an agreement formed through mediation, or an effective judgment of the people's court; Where the school is unable to fully raise funds, the competent departments of the schools or the organizers are to assist in fundraising.

Article 30: Where the people's administrative departments for education at the county level or above or school organizers have the capacity, they may raise compensation for injuries in accordance with law through various forms such as the establishment of a reserve fund for compensation for student injuries.

Article 31: Where schools have the capacity, they shall participate in school liability insurance in accordance with the relevant provisions of the Insurance Law.

The administrative departments for education may, on the basis of actual conditions, encourage primary and secondary school students to participate in school liability insurance.

Students are encouraged to voluntarily participate in accident insurance. On the premise of respecting the student's wishes, the school may create convenient conditions for the student to participate in accident insurance, but shall not charge any fees from it.

If the student is a person with no capacity for civil conduct, and the school cannot prove that he or she has fulfilled his or her educational and management duties, the school 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.

Legal analysis: The law does not stipulate a specific compensation standard, which is generally subject to the consensus between the student's guardian and the school. Generally, the amount of compensation will not exceed the amount of loss you have suffered. (The principle of disadvantage).

In general, the following compensation can be claimed:

1. Medical expenses (hospitalization fees, ** fees, medicine fees, etc.).

2. Lost work expenses of guardians (loss of wages due to taking care of children).

3. Hospitalization nutrition subsidy (to improve nutrition and food).

4. Other economic losses.

In general, you will need to show evidence that the compensation you are seeking is reasonable. For example, medical invoices, guardians' pay slips & leave slips, etc. You can only ask the school to compensate you for the damage caused by the attack!

Therefore, if you take a leave of absence to take care of your child, and the employer deducts your salary, you can ask the school to compensate you for the lost part of your salary, which is the so-called lost time pay. Therefore, the standard for deducting your salary by the employer is the standard for you to claim lost time pay.

Legal basis: Civil Code of the People's Republic of China

Article 120: Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear responsibility for the infringement.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, and eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Summary. If a student who is a person with no capacity for civil conduct or a person with limited capacity for civil conduct has an accident at school, if the school can prove that it has fulfilled its educational and management duties, it shall not bear tort liability. If they fail to fulfill their educational and management duties, they shall bear tort liability.

If a student has an accident on campus, will the school be liable for compensation?

If a student who is a person with no capacity for civil conduct or a person with limited capacity for civil conduct has an accident at school, if the school can prove that it has fulfilled its educational and management duties, it will not bear tort liability. If they fail to fulfill their duties of education and preparation, education, and management, they shall bear tort liability.

Legal Basis: Article 1199 of the Civil Code of the People's Republic of China: Where a person who lacks 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 1200 of the "Civil Code of the People's Republic of China" Where a person with erect capacity is harmed by a person who is restricted from civil conduct during the period of study or life 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 student was knocked down by two crazy children during the school period, resulting in the loss of two front teeth As a parent, should you find the school to give an explanation, should the school compensate the student.

Kisses, you can ask the school for compensation, or you can ask the beater for compensation.

I would like to ask if the school should compensate the child.

Kiss as it should.

Claim compensation from the school in accordance with that provision.

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 during the period of study or life 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 for the elderly.

The child has passed the age of tooth withdrawal, and the amount of compensation that the school should give the child is reasonable.

Kiss, about the compensation for the smile hand compensation to the actual situation to know, this is not accurate, but the compensation standard for the removal of 2 teeth is to compensate the victim for the medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies and other reasonable expenses for the treatment of the source of the injury, as well as lost work expenses. The specific compensation will not be known until it has been dealt with.

The child is an elementary school and needs to be accompanied by the school should the school bear the parents' labor expenses.

Kiss yes, bear it together.

Summary. Hello, legal analysis: if a student has an accident in school, whether the school should bear compensation: if the minor student is intentional during the school, as long as the school cannot prove that it has fulfilled its educational and management responsibilities, it needs to be liable.

If a student has an accident on campus, will the school be liable for compensation?

Hello, legal analysis: If a Yexiao student has an accident in the school, whether the school should bear the compensation: If the minor student is intentional during the school, as long as the school cannot prove that the school has fulfilled the educational and management responsibilities, it needs to bear the responsibility.

Legal basis: Article 1199 of the Code of Mintong Town, if a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, if it can be proved that they have fulfilled their educational and management duties, they shall not bear tort liability for travel fraud.