【 Basic Case 】

Xiaolu was injured by a football frame while playing on the elementary school playground, resulting in serious injury and second degree disability. The first instance court ruled that the school shall bear 40% of the responsibility and compensate Xiaolu 782533.56 yuan. After both parties appealed, the second instance court upheld the original judgment, believing that the school has the responsibility to manage campus facilities, and Xiaolu's guardian should also bear some responsibility.

Legal Analysis

This case is a physical rights infringement dispute involving a minor who was injured on the school playground. According to the Civil Code of the People's Republic of China, if a person infringes upon the civil rights and interests of others due to fault and causes damage, they shall bear tort liability. The school has not fulfilled its obligation to ensure safety and needs to bear the main responsibility; Guardians who fail to fulfill their guardianship duties also need to bear certain responsibilities. The first instance court determined that the school shall bear 40% of the responsibility and the guardian shall bear 60% of the responsibility based on the degree of fault of both parties, which complies with the principle of fault liability. The Water Drop Fundraising Project belongs to the category of social assistance and has nothing to do with the legal relationship of infringement compensation. It should not be deducted from the amount of infringement compensation. Insurance claims are compensation based on contractual relationships and belong to a different legal relationship from tort liability. The amount of insurance claims should not be used as a deduction basis for tort compensation.

【 Key Reminder 】

The importance of campus safety was emphasized, and four suggestions were put forward to prevent student safety accidents. Firstly, schools should strengthen venue management and facility maintenance, including regular inspections and maintenance of sports facilities, fixed and movable facilities, and setting up safety warning signs. Secondly, schools need to strengthen campus safety management and supervision, improve security measures, install monitoring equipment, and adopt closed management when necessary. Thirdly, establish a campus safety responsibility system, clarify the division of responsibilities, establish a mechanism for accountability, and conduct safety work evaluations and rewards and punishments. Finally, it is recommended to introduce third-party security assessments, regularly review the safety status of schools, implement rectification suggestions, and publicly disclose the results of security assessments to enhance transparency and parental trust.

Q and A of the Week

Two legal issues were discussed. The first question is about the responsibility and compensation for accidents caused by elementary school students chasing and causing injuries to the elderly at the school gate. The lawyer pointed out that according to the relevant provisions of the Civil Code of the People's Republic of China, children involved in joint infringement may need to bear joint liability, and the elderly can demand compensation from any guardian. The compensation amount includes reasonable expenses such as medical expenses, nursing fees, and disability compensation. Suggest negotiating compensation with the other party. If unsuccessful, legal action can be taken, and the court will make a responsibility determination and compensation judgment based on the facts. Meanwhile, it is recommended to collect evidence to support negotiation or litigation. The second question is about 17-year-old teenagers participating in telecommunications fraud. The lawyer pointed out that individuals who have reached the age of 16 and committed crimes shall bear criminal responsibility, but minors may receive lighter or mitigated punishment. The teenager was used by criminals to participate in fraud and may be held responsible for any profits made. When being questioned by the police, one should truthfully state and provide evidence to prove innocence.