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For the issue of personal injury compensation on campus, most of the compensation standards are subject to the Supreme People's Court's interpretation of personal injury compensation, and the specific compensation items and standards, you can take a closer look at the above legal provisions.
In addition, if you are going to court to file a lawsuit, you can consider the school and the infringer as defendants, because the school has the duty of custody and guardianship of the child, for which the school should also bear the corresponding responsibility, of course, the tortfeasor should also be liable, in addition, as the child's parents, is the child's legal guardian, and has guardianship duties, so when the responsibility is finally considered, it is estimated (of course, only an individual estimate) to bear a small part of the responsibility.
In addition, you don't have to worry about the fact that the infringer is not responsible for the fact of injury, you can ask the school to explain the incident, and then take the explanation to the court, as long as the school admits it, the court will also award compensation to the other party.
Finally, I wish you good health and a speedy and successful solution!
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Junior high school students are minors, and their responsibilities should belong to the other party's guardians, and if the school is responsible, the school also needs to be liable.
The other party has already given 10,000 yuan, is this "humanitarian"? "Lending relationship"?
Compensation generally includes medical expenses, nursing expenses, escort fees, etc.
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The principles of attribution in campus personal injury compensation cases are the principle of fault liability, the principle of no-fault liability and the principle of equitable liability. The so-called principle of equitable responsibility refers to the use of fairness as the criterion for value judgment when neither the perpetrator nor the victim is at fault, and the fact of harm has already occurred.
1. What are the principles of attribution of liability for injury accidents?
The principles of attribution of liability for injury accidents are:
1. The principle of fault liability. The principle of fault liability refers to the fact that fault is the ultimate constituent element of liability, and at the same time, fault is used as an important basis for determining the scope of responsibility of the actor.
2. The principle of presumption of fault. The presumption of fault, also known as the presumption of negligence, means that if the plaintiff can prove that the damage suffered by the defendant was caused by the defendant, and the defendant cannot prove that he is not at fault, the defendant should be presumed to be at fault and should bear civil liability;
3. The principle of fair responsibility. Equitable liability refers to the fact that the people's court determines that the parties shall give appropriate compensation to the victim's property losses in accordance with the principle of fairness when both parties are not at fault when the damage was caused;
4. The principle of no-fault liability. No-fault liability, also known as no-fault liability, refers to a form of statutory liability in which a party is liable without fault when damage occurs, and its purpose is to compensate the victim for the losses suffered.
II. What judicial principles apply to cases of damage caused by falling objects in the Civil Code?
The principle of attribution of liability in cases of injury caused by falling objects from heights shall be the principle of no fault. The principle of no-fault liability refers to the fact that, based on special provisions of the law, the perpetrator shall bear civil liability even if he is not at fault for the damage caused by his acts. Adopting the principle of no fault in the case of falling objects from heights is conducive to protecting the rights and interests of victims and promoting the smooth development of cases.
Although innocent owners will be involved in the lawsuit, the actions of other owners can better and faster promote the progress of the case, which is conducive to the timely detection of the perpetrator. The other owners do not directly compensate the victims, but only bear the liability for compensation when they cannot prove that they are not the infringers.
3. What is the principle of compensation for divorce damages?
The principle of attribution of damages in divorce is the principle of fault liability. The principles of tort attribution under Chinese law include the principles of fault liability, presumption of fault, no-fault liability, and equitable liability. However, divorce damages arise based on the intentional bigamy and domestic violence of one of the spouses, so it can be judged that divorce damages are generally fault-based liability.
Article 1199 of the Civil Code provides that if 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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According to Article 45 of the "Hunan Provincial Regulations on the Prevention and Handling of Student Personal Injury Accidents in Schools", the school shall bear civil liability for compensation if the school fails to perform the duties prescribed by laws, regulations, and rules, or the school staff improperly performs their duties, resulting in the destruction of the student's personal injury accident; Where students, students' parents, or other guardians are at fault, the school's liability for compensation is to be reduced in accordance with law.
If the school has fulfilled its educational and management responsibilities and has not committed any misconduct due to the following circumstances, it shall not be liable for civil compensation:
1. Caused by infringement by a third party other than the school;
2. Students commit suicide, self-harm, or get lost;
3. The student, the student's parents or other guardians have not informed the school of the student's specific constitution, specific disease or abnormal psychological condition, and the school cannot foresee it;
4. Accidents occur in confrontational or risky sports competitions;
5. Other circumstances stipulated by law.
The basis for compensation is insufficient, and it is difficult to establish.
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