What is the 10 disability caused by a primary school in Chongqing running into the toilet?

Xiao Yu, a first-grade student in a primary school in Dianjiang County, Chongqing, ran into the toilet during lunch break, accidentally hit Xiaohong's foot in the classroom corridor and fell to the ground, causing 10 disability. Who should bear the responsibility for Xiaoyu's injury? Because the responsibility is difficult to be clear, Xiaoyu sued the school and Xiaohong and his parents to the court, demanding that several defendants compensate their medical expenses, nursing expenses and disability compensation totaling more than 50,000 yuan.

Recently, Dianjiang County Court concluded the case, and the court ruled that the school fulfilled its responsibility of safety and security, with 80% of the injured and 20% of the students.

Xiaoyu, the plaintiff, claimed that during the lunch break on September 23rd, 20 15, she was kicked backwards by Xiaohong's right foot while running in the corridor of a primary school in Dianjiang county, and was later diagnosed with Monteggia fracture on the left side, which was identified as 10 disability, and needed to pay the medical expenses 10600 yuan.

The school argues that it has fulfilled its education and management responsibilities by emphasizing students' safety awareness and attaching importance to students' safety management in weekly meetings and daily management. The plaintiff was injured because he accidentally kicked someone else's foot and fell, which was an accidental factor and the school was not responsible; And after the accident, the school contacted the parents of the students in time and actively rescued them, avoiding the aggravation of adverse consequences and the expansion of losses. There was no fault in the accident, and the school asked the court to dismiss the plaintiff's claim against the school.

Defendant Xiaohong and his parents argued that the plaintiff fell down because he accidentally kicked the defendant Xiaohong's foot, so he should not bear the responsibility for hurting Xiaohong, but the plaintiff should bear the responsibility.

Because of the big dispute between the two sides, in order to find out the case, law enforcement officers specially went to the scene of the accident to check the width and direction of the school corridor and checked the witness testimony in person. The investigation found that during the lunch break that day, the defendant Xiaohong was lying on the railing of the corridor on the second floor, facing the playground and looking at the playground with his back to the classroom. At the same time, his right foot made repeated movements with his toes. At this point, the plaintiff Xiaoyu came out of the classroom to run (from right to left and right) to go to the toilet, and fell after touching the defendant Xiaohong's right foot, causing his left hand injury.

At the same time, the court found that the school pays attention to safety education in daily management, requires students to walk up and down the stairs to the right, and does not fight and chase in the corridors and stairs, and signed the "Student (Child) Safety Guarantee" with the plaintiff. After the incident, I also contacted the parents of the students in time to check the injury.

After hearing the case, the court held that in this case, the defendant had fulfilled his duty of education management, so the defendant's school was not responsible in this case. The plaintiff collided with the defendant because the plaintiff ran out of the classroom and just touched the defendant's foot. Therefore, the plaintiff was accidentally knocked down and injured. Article 24 of the Tort Liability Law of People's Republic of China (PRC) stipulates: "If the victim and the actor are not at fault for the occurrence of the damage, they can share the loss according to the actual situation."

The fair sharing of losses in tort liability includes: 1, the person without civil capacity causes damage to others; 2. A person with full capacity for civil conduct is temporarily unconscious or out of control of his own behavior without fault, but causes damage to others; 3. The specific perpetrator is unknown, and the possible perpetrator will share the loss; 4. Damage caused by unexpected circumstances; 5, because the other party's interests or common interests are damaged in the process of activities. In this case, both the original defendant and the defendant who collided were under the age of 10, and both were persons without civil capacity. At the same time, the damage was caused by unexpected circumstances. Therefore, according to the relevant provisions of the Tort Liability Law, the losses can be shared by both parties according to the actual situation.

The plaintiff ran in the narrow corridor during the break and didn't pay attention to safety, which was the main cause of the accident. The plaintiff should bear 80% of the losses. Defendant Xiaohong stood on the edge of the corridor, and at the same time, his right foot pointed to the ground, which hindered pedestrians and posed a safety hazard. Objectively, the plaintiff walked on the right and fell down after touching the defendant Xiaohong's foot. Defendant Xiaohong should bear secondary responsibility for this accident, and defendant Xiaohong should bear 20% of the losses. In view of the fact that the defendant Xiaohong is a minor, the court ruled that his legal representative should be liable for compensation within the scope of the defendant Xiaohong's compensation to the plaintiff, and compensate the plaintiff Xiaoyu for 89 16.74 yuan.