Son injured in the school, the school invested in school liability insurance, students also into the $ 10 social security, the child was discharged from the hospital how to claim more cost-effective

Chunlin said: the child was injured in the school, the school can not escape its responsibility (Longtu cooperative law firm: Chunlin Law Firm)

Tort Liability Law

Article 38 of the civil behavior ability of people in kindergartens, schools or other educational institutions to study, living during the personal injury, kindergartens, schools or other educational institutions shall be responsible for, but can prove that If they can prove that they have done their duty of education and management, they shall not be held liable.

Article 39: If a person with limited capacity for civil behavior suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to fulfill its responsibility for education and management, it shall be held responsible.

Article 40 the person without civil capacity or limited civil capacity in kindergarten, school or other educational institutions during the study, life, by the kindergarten, school or other educational institutions outside the personal injury, by the tortfeasor shall bear the responsibility for the infringement of tort; kindergartens, schools, or other educational institutions failed to fulfill their management responsibilities, shall bear the corresponding supplementary responsibility.

Case:

Small Ming and Xiaohua were first-grade students at a closed boarding school and shared a dormitory. One night, after the school's bedtime, they sat on their respective beds and chatted, and then because of an argument, Xiaoming picked up an orange and threw it at Xiaohua, which coincidentally hit Xiaohua's right eye, and Xiaohua cried in pain, and the teacher found out that Xiaohua was sent to the school infirmary for treatment.

After more than 10 days, the school informed his parents of his injury. Xiaohua's parents took Xiaohua to three major hospitals for treatment *** spent more than 40,000 yuan in medical fees, transportation costs, but ultimately failed to cure Xiaohua's right eye, after forensic identification: Xiaohua's right eye blunt contusion, the right vitreous hemorrhage, the right retinal detachment of the right eye to the right eye of the low vision of the first level, the degree of disability for the 10th level.

After that, Xiaohua's parents negotiated with the school and Xiaoming's parents about compensation, but failed to reach an agreement. So Xiaohua's parents as a legal representative will be Xiaohua in the school dormitory rest by Xiaoming threw the orange smashed right eye, and the school did not assume the responsibility of guardianship of Xiaohua in the school life during the period of the injury will Xiaoming and parents, the school sued to the court, and demanded them to pay the medical expenses, transportation costs, nursing care, nutritional costs, disability benefits, mental comfort and so on, more than 100,000 yuan.

The court ruled:

The school's subjective fault was greater, and it should bear the main liability for the consequences of the injury. Xiao Ming's parents bear secondary responsibility.

Small Hua's injuries incurred medical costs, transportation costs, nursing costs, nutritional costs, disability benefits, moral condolences, such as 70,000 yuan, the school to bear 70%, Xiaoming's parents to bear 30%.

Chunlin said:

In recent years, the case of school students causing injury is also common. Students in the school injury is every parent do not want to see, and once the students are injured after how to protect the rights of every parent is necessary to know.

In this case, Xiaohua was injured in his right eye by an orange thrown by Xiaoming during the school's bedtime. According to the school's management system, teachers specializing in student life in the school should make rounds to check on the bedtime of minor students. Xiao Hua and Xiao Ming did not go to sleep beyond the prescribed time, and the school failed to detect and manage this abnormal situation in time, resulting in the injury accident. And, after the injury accident, the school lagged behind for more than 10 days before notifying Xiaohua's parents of Xiaohua's injury.

The school's failure to fulfill its obligation to educate, manage and protect the minor students was subjectively at fault, and it was the school's failure to fulfill this obligation that led to the injury accident in this case. Therefore, according to article 39 of the tort liability law, "the person with limited capacity for civil behavior suffers personal injury while studying or living in school or other educational institutions, and the school or other educational institutions shall be liable for failing to fulfill their duties of education and management." The school should be responsible, and because of its subjective fault, should bear the main responsibility for the consequences of the injury.

While Xiaoming committed the act of inflicting harm, Xiaoming was a minor and hurt others while at school, and because the school was under closed management, Xiaoming's guardian was restricted from performing his guardianship duties, and his parents could not manage Xiaoming well. Xiaoming's victimization, his guardian although no fault should also be responsible, should bear secondary responsibility.

So that encountered this similar children in the school injury, to do:

One, parents and teachers to rational communication, if not very serious injuries, parents should be patient and calm to the child to understand how the injury, according to the specific circumstances to judge. And in the meantime, the child should be instructed to obey the rules of the school.

Two, if the child is injured, the parents must remain calm and sober, to find out the truth of the matter, to find the responsible person. If the school has a good attitude and takes the initiative to solve the problem, parents should be able to be reasonable. If the school is shirking its responsibility, parents can defend themselves and their children's rights through legal channels.

(Author: Tian Bo, Beijing Union University)

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