【 Basic Case 】

Third grade elementary school students Xiao Zheng and Xiao Xiao accidentally knocked over their classmate Xiao Ai while playing during break time, causing two of her front teeth to break. The school promptly sent the child to the hospital and notified the parents, but mediation was unsuccessful. Xiao Ai's parents sued Xiao Zheng, Xiao Xiao, their parents, and the school in court. The court determined that Xiao Ai's injury does not constitute a disability, but requires regular treatment. The court ruled that Xiao Zheng, Xiao Xiao, and their guardians shall bear joint and several liability for compensation, and shall compensate Xiao Ai for losses and subsequent treatment expenses totaling 31265 yuan. The school shall not be liable for compensation due to unforeseeable and unavoidable accidents. The fees claimed by the plaintiff for dental implants, braces, and transportation may be claimed separately after they have actually occurred, as they have not actually occurred.

Legal Analysis

This case involves a personal injury dispute involving a third grade elementary school student who was knocked down by a classmate during break time, resulting in a broken front tooth. The court ruled that the students and their guardians involved in the collision shall bear the liability for compensation, and the school shall be exempted from liability as it has fulfilled its educational management responsibilities. According to the Civil Code, a person with limited capacity for civil conduct who is injured in a school and the school fails to fulfill its duties shall be held responsible. In this case, the school promptly notified the parents and accompanied them for medical treatment, provided evidence of safety education, and the court found that the school was not at fault. As a person with limited capacity for civil conduct, the student involved in the collision should have certain awareness, but if the danger is not avoided, it constitutes joint infringement, and the guardian shall bear joint liability. Personal injury compensation usually does not include subsequent treatment costs, but in this case, the court supported the expenses already incurred by Xiao Ai and the determined inevitable subsequent treatment costs. Other expenses that were not incurred can be claimed separately after they actually occurred.

【 Key Reminder 】

Emphasis was placed on the responsibility of schools in ensuring student safety, and four suggestions were put forward: firstly, schools should establish and improve safety management systems, including security guards, safety information notifications, campus inspections, and safety work files; Secondly, schools should strengthen daily safety education, enhance students' safety awareness and self-protection ability, and combine safety education with legal education; Thirdly, schools should improve security facilities and equip full-time security personnel or specially trained security management personnel; Finally, schools should implement a first inquiry responsibility system, requiring faculty and staff to promptly handle or report any violations of student rights to ensure student safety.

Q and A of the Week

This article discusses the responsibility of schools in student accidental injury incidents through two case studies. In the first case, the lawyer pointed out that if a 15-year-old student causes harm while playing in school, the school bears the responsibility for the fault and needs to consider factors such as school safety education, teacher intervention, and accident handling. If the school fulfills its responsibilities, it does not need to take responsibility. Students may be held liable for infringement, and compensation costs, including medical expenses, will be paid first from the student's property. If the amount is insufficient, the guardian will compensate. It is recommended that parents communicate with their children, analyze the faults of all parties, negotiate compensation, and avoid damaging relationships with classmates. In the second case, a first-year high school student was injured while playing basketball. According to the principle of voluntary participation in risky activities under the Civil Code, unless the other party intentionally or grossly negligent, they will not be held liable for infringement. The school provides a safe place and timely assistance without assuming responsibility. It is recommended that parents communicate with the school to see if they can share the financial burden through insurance reimbursement.