【 Basic Case 】

Xiao Ai was injured while climbing an inactive A-shaped climbing frame outside the dining area during her study tour, resulting in a level 10 disability. The first instance court ruled that the farm and school should each bear 30% of the responsibility, and Xiao Ai should bear 40% of the responsibility. Xiao Ai should be compensated a total of 105308 yuan for medical expenses, nursing expenses, and 6000 yuan for mental damages. After Xiao Ai's parents and the farm appealed, the second instance court upheld the original verdict.

Legal Analysis

Analyzed the issue of infringement liability for students' injuries during study tours. The school shall bear tort liability for student injuries caused by negligence in management, and has a legal responsibility to manage and protect underage students during extracurricular activities. If the operators, organizers, or venue managers of study tours fail to fulfill their safety obligations, they shall bear corresponding responsibilities. Students who violate discipline and engage in dangerous behavior resulting in injury shall bear corresponding responsibilities. As organizers of study tours, schools have legal responsibilities and obligations to manage, protect, and educate students. Schools should standardize the organization and management of study tours, implement safety responsibilities, attach importance to pre departure courses, and ensure student safety.

Lawyer's mailbox

Two cases of students being injured at school were discussed. The first case involves a 12-year-old student who fell off the upper bunk in the dormitory and was injured. The lawyer pointed out that the school should bear the fault responsibility according to the Civil Code of the People's Republic of China, and should check the bed safety standards, safety education, dormitory management personnel responsibilities, and emergency assistance. The second case is a 15-year-old student who got injured in a dispute with a classmate during break time. The lawyer analyzed that the school's responsibility depends on whether safety education has been carried out, timely prevention of the fight, and post incident treatment. At the same time, students who hit others shall bear tort liability, and injured students who are at fault shall also bear liability.