Whether the school should be held responsible for the injury of a student at school

The school shall be responsible for the injury of the student, but if the school can prove that it has fulfilled its educational and management duties, it shall not bear tort liability. If there is a fault or negligence in the management of the school, the school should bear some responsibility, and this matter can be negotiated with the school, and if the negotiation fails, the school can sue the court to demand that the school bear the liability for compensation.

Legal basis. Article 1199 of the Civil Code.

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.

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.

Legal analysis: If a student is injured at school, if the student has accidental injury life insurance, the insurance company is obliged to compensate and can obtain compensation from the insurance company, and obtaining insurance compensation cannot exempt the school and other relevant responsible persons from the liability for compensation.

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

Article 1199: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 kindergarten, school, or other educational establishment 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: 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 establishment fails to perform its duties of education, education, and management, it shall bear tort liability.

Article 1201:Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than the kindergarten, school, or other educational institution while studying or living in a kindergarten, school, or other educational institution, the third person bears 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.

According to the provisions of the Measures for the Handling of Student Injury Accidents, whether the school should be held liable for the injury of a student during the school period depends on whether the school has fulfilled its duties, and those who fail to fulfill their duties must bear corresponding responsibility. Article 9 of the Measures for the Handling of Student Injury Accidents stipulates that schools shall bear corresponding responsibility for student injury accidents caused by one 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 causes.

2) 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 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, fails to 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 for education and teaching work, but fail to take necessary measures.

6) Schools violate provisions on banquets 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 have a special 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 does not 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 corresponding 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) 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) Where the school discovers or is aware 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 other party is responsible, the school is also responsible, the child's guardian during the school period is the school, and the school has the obligation to educate, manage and protect the student, and has a guardianship obligation. The school and parents do not take it for granted or go with the flow to reach a cooperative model of entrusted guardianship, so some accidents that occur in the school should be borne according to the degree of fault of the school.

Legal analysis

Whether the school should be held liable for an accident that occurs while a student is at school should be determined based on the circumstances of the accident. The determination of accident and liability needs to be analyzed on a case-by-case basis: when a student injury accident occurs, it needs to be determined according to the causal relationship between the behavior of the parties concerned and the consequences of their damages.

In the event that a student is harmed due to the fault of the school, the student, or the relevant parties, the relevant parties shall be liable according to the proportion of their actions to the result. The school bears the corresponding responsibility when the following injuries occur: within the jurisdiction of the school and the relevant equipment provided, there are non-compliance with national regulations, or there are obvious unsafe factors; The school has not taken effective measures when there are omissions in the school's safety and security, fire protection and other safety management systems, or when it causes problems such as chaotic management and potential safety hazards; The medicines, food, etc. provided by the school do not meet the legal standards; In off-campus activities, safety education was not taken, and no corresponding measures were taken for foreseeable safety issues; When the school knows that some staff members have physical illnesses and are not qualified to do the corresponding work, but fail to take effective measures; The school violates relevant regulations by organizing and arranging activities that are not suitable for minor students; Students are not suitable to participate in certain activities for some reasons, but the school does not pay attention to and deal with them; When a student suddenly falls ill, but the school does not pay attention to it and takes corresponding measures, causing serious adverse consequences; corporal punishment, or violating the provisions of the relevant education law; When a student's behavior is dangerous, and after discovering it, the student fails to take relevant measures to stop it in time, causing adverse consequences; When the school does not find out about leaving the school without authorization, or finds and does not inform the guardian of the student concerned, during which the student suffers some physical damage; Other corresponding liability provisions, etc.

Legal basis.

Civil Code of the People's Republic of China

Article 1200:Where persons with limited capacity for civil conduct suffer physical harm while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear tort liability.

Article 1199: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 kindergarten, school, or other educational establishment shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.