If a person without civil capacity suffers personal injury during his study and life in kindergartens, schools or other educational institutions, the principle of presumption of fault shall apply; If a person with limited capacity for civil conduct suffers personal injury during his study and life in kindergartens, schools or other educational institutions, the principle of fault liability shall apply. The principle of fault liability is applicable to students who are damaged by the behavior of the third party. You can ask the other party to make civil compensation, and ask for compensation for medical expenses, lost time, nutrition expenses, nursing expenses, property losses, etc. The amount of expenses can refer to the following standards:

(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.

Legal basis:

Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases is determined according to the disability of the victim and the opinions of medical institutions.

Derivative problem:

Is the child responsible or the teacher responsible for the school injury?

1, it is necessary to decide whether the teacher, the school or others are responsible according to the child's injury.

2. Article 1 199 of the Civil Code stipulates that kindergartens, schools or other educational institutions shall bear tort liability if a person without civil capacity suffers personal injury during his study and life; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability.