Whether the school should bear the responsibility for an accident during the school period should be determined according to the circumstances of the accident, specifically according to the Measures for Handling Student Injury Accidents 12 issued by the Ministry of Education of People's Republic of China (PRC).
Eighth students' responsibility for injury accidents shall be determined according to the causal relationship between the behavior of the parties concerned and the consequences of the damage.
If a student injury accident is caused by the fault of the school, the students or other relevant parties, the relevant parties shall bear corresponding responsibilities according to the proportion of their behavior faults and the causal relationship between them and the damage consequences. The behavior of the parties is the main cause of the damage consequences and should bear the main responsibility; The behavior of the parties concerned is not the main cause of the damage, and they should bear corresponding responsibilities.
Article 9 If any of the following circumstances causes a student injury accident, the school shall bear corresponding responsibilities according to law:
(a) school buildings, venues, other public facilities, as well as school tools, teaching and living facilities and equipment provided by schools to students do not meet the standards prescribed by the state, or there are obvious unsafe factors;
(two) the school's security management system, such as public security, fire protection, facilities and equipment management, has obvious omissions, or management confusion, there are major security risks, and failed to take timely measures;
(3) The medicines, food and drinking water provided by the school to the students do not meet the relevant national or industrial standards and requirements;
(four) the school organized students to participate in education and teaching activities or extracurricular activities, and failed to carry out corresponding safety education for students and failed to take necessary safety measures within the foreseeable scope;
(five) the school knows that teachers or other staff members suffer from diseases that are not suitable for education and teaching, but fails to take necessary measures;
(6) The school, in violation of relevant regulations, organizes or arranges underage students to engage in labor, sports or other activities that are not suitable for minors;
(seven) students with special physical fitness or specific diseases are not suitable for participating in certain educational and teaching activities, which the school knows or should know, but has not given the necessary attention;
(eight) students in school during the sudden illness or injury, the school found, but did not take corresponding measures in time according to the actual situation, resulting in increased adverse consequences;
(nine) school teachers or other staff members in the course of performing their duties corporal punishment or corporal punishment in disguised form, or in violation of job requirements, operating rules, professional ethics or other relevant provisions;
(10) When school teachers or other staff members are responsible for organizing and managing underage students, they find that students' behaviors are dangerous, but they fail to conduct necessary management, warning or stopping;
(eleven) leaving school without authorization and other information directly related to the personal safety of underage students, which was discovered or known by the school, but failed to inform the guardian of underage students in time, resulting in the injury of underage students from the protection of guardians;
(twelve) other circumstances in which the school fails to perform its duties according to law.
Tenth students or guardians of minor students, due to fault, one of the following circumstances, resulting in student injury accidents, shall bear corresponding responsibilities according to law:
(a) students violate the provisions of laws and regulations, violate the code of conduct of the public, the rules and regulations of the school or discipline, and carry out acts that should be known to be dangerous or possibly harmful to others according to their age and cognitive ability;
(two) the behavior of students is dangerous, and the school and teachers have warned and corrected it, but the students do not listen to dissuasion and refuse to correct it;
(3) The student or his guardian knows that the student has a special physique or suffers from a specific disease, but fails to inform the school;
(4) The guardian knows or has been informed by the school that the minor student's physical condition, behavior and mood are abnormal, but fails to perform the corresponding guardianship duties;
(five) the guardian of the student or minor student has other faults.
Eleventh schools arrange students to participate in activities, because of the fault of the operators who provide venues, equipment, transportation, food and other consumption and services, or the organizers of off-campus activities, resulting in student injury accidents, the fault party shall bear corresponding responsibilities according to law.
Twelfth any of the following circumstances caused by student injury accidents, the school has fulfilled the corresponding responsibilities, there is no misconduct, do not bear legal responsibility:
(a) caused by irresistible natural factors such as earthquakes, lightning strikes, typhoons and floods;
(two) caused by sudden and accidental infringement from outside the school;
(3) Students have special physique, specific diseases or abnormal mental state, which the school does not know or is difficult to know;
(4) Students commit suicide or self-injury;
(5) Accidental injuries in antagonistic or dangerous sports competitions;
(six) caused by other unexpected factors.
Thirteenth accidents caused by the following circumstances, the school behavior is not improper, do not bear the responsibility for the accident; The identification of accident liability is based on relevant laws and regulations or other relevant provisions:
(1) Occurred on the way for students to go to school, leave school, return to school or leave school;
(two) occurred during the period of students going out or leaving school without authorization;
(three) after school, holidays or holidays and other school working hours, students stay in school or go to school by themselves;
(four) other occurred outside the scope of school management responsibilities.
Article 14 If personal injuries are caused to students due to personal actions of school teachers or other staff members unrelated to their duties, or illegal and criminal acts intentionally committed by students, teachers and other individuals, the injurer shall bear corresponding responsibilities according to law.
The school has the responsibility to claim compensation for the following expenses.
(1), medical expenses.
Medical expenses are determined according to the hospital diagnosis certificate and regular medical invoices. Including registration fee, examination fee, operation fee, medical fee, hospitalization fee, plastic surgery fee and follow-up treatment fee;
(2) Nutrition fee.
The amount of nutrition fee is determined according to the diagnosis certificate of nutrition demand and related expense certificate issued by the doctor. Refers to the cost of auxiliary treatment of physical diseases or purchase of nutrients other than daily diet in order to make the body recover as soon as possible.
(3), lost time and nursing expenses.
The lost time fee and nursing fee are determined according to the lost time fee and income of the victim or nursing staff. If there is a fixed income, the lost time fee shall be calculated according to the actual reduced income. If there is no fixed income, it shall be calculated according to its average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
(4), transportation and accommodation costs.
The transportation expenses are calculated according to the actual transportation expenses incurred by you and the necessary accompanying personnel for medical treatment, accompanying or transferring to hospital for treatment;
Accommodation is paid according to the actual accommodation expenses of you and your entourage;
Hospitalization food subsidies should be calculated according to actual expenses or local actual living standards;
(5) Compensation for disability.
Disability compensation is calculated according to the disability level determined by judicial appraisal, the living expenses or income standard of the victim's domicile or actual residence. According to the local per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years;
(6) Costs of assistive devices for the disabled
The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices.
(7), property losses
Property loss is limited to the actual property loss you have suffered, including the maintenance cost and depreciation cost of the goods, and limited to the actual value of the damaged goods. Invoice, contract, receipt, etc. Proof of the purchased goods should be provided to prove the value of the damaged goods. If the value cannot be determined, it may apply for appraisal and be determined according to the appraisal conclusion.
3. The limitation of action for personal injury compensation is 1 year, counting from the date when you know or should know that the infringement occurred. If the statute of limitations is exceeded, the right to win the case will be lost. Therefore, it is suggested to file a lawsuit within 1 year to safeguard their legitimate rights and interests.
It is suggested to solve the problem through consultation. If negotiation fails, a lawsuit can be brought or a lawyer can be entrusted to represent the lawsuit. Prosecution needs to go to the court where the defendant is located, usually the court of domicile or habitual residence (residence for more than one year).