In the physical education class, the student was pushed down by his classmates, and unfortunately fell into the tenth grade disability. His family sued the pusher and the school for compensation. Recently, the people's Court of Xinhuang Dong Autonomous County in Hunan Province held a hearing to hear this case. After hearing the case, the court held that both the school and the pusher should bear the responsibility, and decided that the school and the guardian of the pusher should bear the compensation liability according to the ratio of 6:4. Xiaoyu and Xiaoming are both first grade students in primary school. During a physical education class, the physical education teacher organized the students to form two rows and walk around the school playground. When the team came to the corner of the straight road of the playground, Xiaoming pushed Xiaoyu from behind, causing Xiaoyu to fall down and get injured. After the accident, the physical education teacher checked Xiaoyu's injury and found that his arm could not move, so he reported to the school and informed Xiaoyu's parents to take him to the hospital for examination. According to the hospital's diagnosis, Xiaoyu was a avulsion fracture of the lateral condyle of the right humerus. After internal fixation and recovery treatment in the county hospital, because Xiaoyu's injury was not fully recovered, he went to Hunan children's Hospital and Xiangya Second Hospital of Central South University for treatment. According to the appraisal of professional doctors, Xiaoyu's injury has already constituted the level 10 disability stipulated by law. After the accident, because the parties failed to reach an agreement on compensation, they filed a lawsuit to the court. After hearing the case, Xinhuang court held that if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability. In this case, the defendant Xiaoming pushed down the plaintiff Xiaoyu without any reason during the physical education class, resulting in Xiaoyu's injury. Xiaoming has committed an infringement, and the tort liability shall be borne by Xiaoming's guardian, that is, his parents. At the same time, according to the provisions of article 1199 of the civil code of the people's Republic of China, if a person with no capacity for civil conduct suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the tort liability; However, those who can prove that they have fulfilled their duties of education and management shall not bear tort liability. In this case, both Xiaoyu and Xiaoming were under the age of 8 at the time of the infringement. They were completely incapacitated for civil conduct. Xiaoyu was pushed down and injured by Xiaoming during the physical education class, which belongs to the situation of personal injury during school study and life. In addition to providing evidence to prove that they have fulfilled their education and management responsibilities, the school should presume that they have made mistakes in education and management, and should bear corresponding responsibilities. Although the school actively contacted the family members afterwards and organized and coordinated compensation matters, it could not prove that it had no fault in organizing student activities. Therefore, it should compensate Xiaoyu for his personal injury. Taking into account the age of Xiaoyu and Xiaoming, the process of Xiaoyu's injury and the circumstances of the case, the court decided that the school and Xiaoming's parents should bear the responsibility at the ratio of 6:4. Accordingly, the court decided that the school should compensate Xiaoyu for all the losses of 76819 yuan, and Xiaoming's parents should compensate Xiaoyu for the losses of 44925 yuan. The judge said that during the period of Xiaoyu's school, the school has the obligation of education, management and protection, and the school and the parents of the students form a entrusted guardianship relationship. Xiao Ming is a person with no civil capacity and lacks safety awareness. He can not predict the consequences of his own behavior and is easy to cause damage to himself or others. Therefore, the requirements for the management responsibilities of the school are higher and stricter.
Edit：Wei Li Bin Responsible editor：Yin Bing
Source：People's Court Journal
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
