The original report said: On the morning of June 1992, in the first class, because the deskmate didn't pay attention to the class, the teacher Wang Shi requisitioned a bamboo pointer to slap the student Chen Mou's desktop and gave Chen Mou a lesson, only to interrupt the pointer. Debris flew into my left eyelid and cornea, and it didn't work after treatment. 1July, 992 13 was diagnosed as ocular trauma and pupillary atresia by the county people's hospital. 1992. On August 20th, I went to an eye hospital and was diagnosed as old ocular blunt injury (corneal blood spot). The defendant is now required to compensate me for my medicine expenses, lost time for relatives 1800 yuan, and my disability living allowance of 27,500 yuan and * * * 30,450 yuan.
The defendant argued: I was on duty (in class) and hit the desk with a pointer to warn the students who violated discipline. Unexpectedly, the pointer broke and flew out, stabbing the plaintiff's left eyelid. Later, the plaintiff pulled it out, and I didn't notice it at that time. Later, I learned that the plaintiff had repeatedly suggested to the school leaders and class teachers to go to the hospital for examination and treatment, but the plaintiff's family said: it's just a serious heat poison, so don't bother. Later, because I didn't find a specialist hospital for treatment in time, my eyes went blind. Therefore, I should not take full responsibility.
Statement of the third party: The injuries and treatment process described by the original and the defendant are all facts. Because the defendant's behavior was negligent and did not intentionally cause the plaintiff's blindness, we hope to solve it reasonably.
The people's court found through trial that the defendant Wang Shizhi checked the students' recitation of multiplication formula in the first math class on June 9, 1992. Because the students couldn't recite it and looked around, the defendant beat Chen's desk with a pointer to show warning and concentration. However, when slapping, unexpectedly, a bamboo piece smaller than a toothpick flew into Chen's deskmate, that is, the eyelid under the eyebrow of the plaintiff's left eye (lying on the table because of the plaintiff's discomfort), and the plaintiff immediately pulled it out and cried in a low voice when he felt pain and bleeding. After the defendant found out, he stopped attending class to ask if he was sick and had his eyes examined, and called the plaintiff to the health station to see a doctor. Because the plaintiff didn't want to go at that time, the class teacher didn't send her home by bike until noon, and the plaintiff continued to go to school the next day. In the first day or two, my parents thought that the problem was not serious and that it was caused by heat poison, so they didn't pay attention to it. After the plaintiff felt that his eyes were too sore to open, his relatives took the plaintiff to health stations, health centers, people's hospitals and other places for treatment. During this period, * * * spent 22 1.06 yuan on medical expenses. Later, because his condition did not improve, it worsened, and he was admitted to the county people's hospital in July 1992. After diagnosis: eye injury, pupillary atresia, medical expenses ***339 yuan. The above medical expenses are RMB 560.06 with documents * * *, and RMB 668 without documents. 1On August 20th, 992, with the consent of both parties, the defendant and the plaintiff went to the eye clinic of Zhongshan Medical College in Guangzhou for another examination, and were diagnosed as old blunt eyeball (corneal blood spot). In the whole medical process, * * * cost 1248 yuan, of which the defendant paid 600 yuan (including 200 yuan who went to the factory for inspection). 1September 6, 992, the plaintiff filed a lawsuit in court, demanding that the defendant compensate for medical expenses, lost time and disability living allowance of * * * 30,450 yuan.
The court held that the fact that the defendant injured the plaintiff was clear and the evidence was sufficient. The plaintiff asked the defendant to pay for medicine, lost time and living expenses, and our court should support it. In the whole accident, although the defendant had no subjective intention, it objectively caused the plaintiff's left eye to be completely blind and become a lifelong disability, and the defendant should bear the main responsibility. Because the damage occurred in the teaching process, the third person should also bear some responsibility. After mediation, the two sides held their own words. According to the provisions of Article 1 19 of the General Principles of Civil Law of People's Republic of China (PRC) and Article 47 of the Law on the Protection of Minors in People's Republic of China (PRC), the defendant Wang Shizhi was awarded a one-time compensation of 3,600 yuan (including paid 600 yuan) for medical expenses, lost time and living expenses after disability, and the third party was awarded a compensation of 2,000 yuan. The acceptance fee of this case, 50 yuan, shall be borne by the defendant.
Case analysis: In the process of teaching and managing students, teachers sometimes do harm to students' health because of their intention or negligence. After the injury happens, it often leads to compensation litigation. The plaintiff is affirmative, he is a student whose legitimate rights and interests have been damaged, but the identification of the defendant is more complicated. To sum up, there are several situations: (1) The defendant is a school; (2) The defendant is a teacher; (3) Schools and teachers are co-defendants; (4) The school is the defendant and the teacher is the third person; (5) The teacher is the defendant and the school is the third person. This case reflects the fifth situation. This book agrees with the first approach and thinks that it is more appropriate to list the school as the defendant and bear the liability for compensation, because the damage caused by teachers to students is caused by teachers' duty behavior. However, this does not mean that teachers are not responsible for anything. In addition to administrative responsibility, it should also bear civil liability for compensation. After the school has fulfilled its obligation of compensation, it can recover part or part of the expenses compensated by the school from the teachers.