Affected by incidents of students being injured on campus and schools taking responsibility, some schools have resorted to the phenomenon of "not daring to let children play, and even not allowing them to leave the classroom during breaks" in order to ensure student safety, which has caused concern among many parents. How to determine the responsibility of the school in the event of a student safety accident on campus? Recently, the People's Court of Xinwu District, Wuxi City, Jiangsu Province concluded a campus personal injury case. One evening after school, sixth grade student Xiao Xu accidentally fell while following his teacher and classmates downstairs, falling to the corner of the staircase platform and hitting the wall with his teeth. After the leading teacher discovered that Xiao Xu had fallen, they immediately contacted the parents and accompanied him to the hospital. According to the hospital diagnosis, Xiao Xu has a broken tooth and a bruised lip. Xiao Xu's father believes that during the dismissal process, the school's supervision of students' personal safety was inadequate, and he filed a lawsuit with the court demanding that the school bear a total of 80000 yuan in losses. The school has proposed to regularly carry out safety warning education before and after class, emphasizing the importance of "walking up and down stairs in order" and other related content. There are no defects in the school facilities such as stairs that may have caused Xiao Xu's injury. After trial, the court found that the school had fulfilled its educational and management responsibilities and therefore should not be held liable for infringement, and rejected the plaintiff's lawsuit. According to the Civil Code of China, if a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to fulfill its educational and management responsibilities, it shall bear tort liability. The focus of controversy in this case is whether the school is at fault. According to the on-site investigation results and evidence, Xiao Xu's fall and injury were not caused by defects in facilities such as stairs, nor were they caused by the school's fault behavior. The "Special Education Record Form" provided by the school states that the school conducts safety and health education every week; The stairs at the scene of the incident have clear yellow and black boundary lines on the up and down sides, and many steps and walls are posted with prominent safety signs, fulfilling the school's educational responsibilities. After Xiao Xu was injured, the school promptly notified the parents, accompanied him for medical treatment, and cooperated with the investigation of the incident, fulfilling the necessary management responsibilities of the school. Therefore, the school should not bear any liability for infringement. The judge stated that primary and secondary schools are the places where minors are most concentrated and where injuries to minors are more likely to occur. However, in determining tort liability in campus injury incidents, the school cannot be held responsible simply because the accident occurred on campus. This case clearly clarifies the school's rights and responsibilities in campus safety accidents by examining the school's education and management responsibilities, and implements the concept of "although children are in school, parents also have responsibilities, and campus safety must be jointly protected", rationally guarding campus safety, and achieving the unity of protecting the legitimate rights and interests of minors and maintaining the normal teaching and management order of the school. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：people.com.cn
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