更新时间:2025-12-08
特殊体质学生猝死,学校未尽到义务要担责
于旭坤 ,  白庆坤    作者信息&出版信息
青少年法治教育   ·   2025年12月8日   ·   2024年 第6期  
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【Basic Case Facts】

A case involving the death of a student with special health conditions due to the school's failure to fulfill its obligations was introduced. Xiao Ai suffered from severe heart disease, and her parents had informed the school that she should not engage in strenuous exercise. The school failed to manage the situation properly, resulting in Xiao Ai's sudden death during a physical activity. The first-instance court ruled that the school bore 20% liability and ordered it to pay over 90,000 yuan in compensation plus 5,000 yuan in consolation damages. Xiao Ai's parents appealed, and the second-instance court revised the judgment, holding the school and Xiao Ai equally responsible at 50% each, with the school ordered to pay over 200,000 yuan in compensation plus 5,000 yuan in consolation damages.

【Legal Analysis】

A detailed analysis was conducted on the school's legal liability in the sudden death of a student with special health conditions. According to relevant legal provisions, schools have a duty to educate, manage, and protect the safety of students. As Xiao Ai was a person with limited capacity for civil conduct, the school should bear liability for its negligence. Schools must provide appropriate attention and care to students with known special health conditions; failure to fulfill necessary obligations may result in liability. Since Xiao Ai's parents did not fully inform the school of her condition and Xiao Ai herself bore some fault, the school was held 50% liable for compensation.

【Key Takeaways】

The discussion focused on the responsibilities schools should assume and the measures they should take to prevent sudden deaths among students with special health conditions. Recommendations included establishing student health records, conducting regular physical examinations, and updating information; strengthening communication between schools and families to promptly share health updates; creating emergency response plans for sports-related injuries, clarifying rescue procedures and personnel responsibilities; and organizing physical activities suitable for students with special health conditions to safeguard their physical and mental well-being.

【Q&A】

Two issues raised by parents in a WeChat group were discussed. The first involved accusations of a child's misconduct in the group, with suggestions to communicate with the group administrator to request the removal of inappropriate remarks and, under the Civil Code, demand cessation of harm, compensation, or apologies. The second issue concerned a daughter being publicly reprimanded by a teacher for alleged cheating, with advice for parents to discuss the matter with the child, verify the facts, and negotiate with the teacher for more appropriate disciplinary measures.

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