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Why was a stumbling by a classmate lead to disability?

Seeing the headline on the microblog, a primary school student was stumbling by a classmate and became a grade 10 disability? It was so serious? Before, he felt that he had tripped and got up. I never thought it would be so serious.

Xiaoyu, a first-year student of a primary school in Dianjiang County, ran into the toilet during lunch break. He accidentally ran into his classmate Xiaohong's foot in the classroom corridor and fell down and injured, causing grade 10 disability. Who should bear the responsibility for Xiaoyu's injury? Because the responsibility is difficult to define, Xiaoyu sued the school, Xiaohong and his parents to the court, asking several defendants to compensate him for his medical expenses, nursing expenses, disability compensation, etc., totaling more than 50000 yuan 。

Recently, the Dianjiang County Court concluded the case. The court ruled that the school had fulfilled its responsibility for safety and security, with 80% of the injured and 20% of the students stretching their feet.

The plaintiff Xiaoyu complained that during the lunch break on September 23, 2015, he ran to the toilet on the corridor of a primary school in Dianjiang County, the defendant. On the way, he was kicked by Xiaohong's right foot backward and was later diagnosed with Meng's fracture on his left side. After identification, he was classified as grade 10 disability and required a continuation medical fee of 10600 yuan.

The school argues that in the weekly assembly and daily management, the school emphasizes the safety awareness of students, pays attention to the safety management of students, and fulfills the responsibility of education and management. The plaintiff's injury was caused by his accidentally kicking on others' feet and falling down, which is an accident factor, and the school has no responsibility. After the accident, the school timely contacted the parents of the students and actively rescued them, which avoided the aggravation of the adverse consequences and the expansion of the loss. The school had no fault in the accident, so the school asked the court to reject the plaintiff's lawsuit against the school.

The defendant Xiaohong and his parents argued that the plaintiff's injury was due to his careless kicking on the defendant's feet. Xiaohong should not be held responsible for the injury, but should be borne by the plaintiff himself.

In order to find out the case, the judge specially went to the scene of the accident to check the width and direction of the school corridor, and checked the testimony of the witness. The investigation found that during the lunch break on that day, Xiaohong, the defendant, was lying on the railing of the corridor on the second floor, facing the playground with his back to the classroom and looking at the playground. At the same time, Xiaoyu, the plaintiff, ran out of the classroom (from right to left, running on the right) to the toilet, fell down and injured his left hand.

At the same time, the court found out that the school pays attention to safety education in daily management, requiring students to go up and down stairs to the right, do not fight or chase in the corridor and stairs, and signed a "student (child) safety guarantee" with the plaintiff. After the incident, the school also timely contacted the head of the student and checked the injury.

After hearing, the court held that in this case, the defendant had done his duty of education and management, so the school of the defendant did not bear the responsibility in this case. The accident happened between the plaintiff and the defendant, so the accident happened because the plaintiff and the defendant ran out of the classroom. Article 24 of the tort liability law of the people's Republic of China stipulates: "if neither the victim nor the actor is at fault for the occurrence of the damage, the loss may be shared by both parties according to the actual situation. '

The situations of fair sharing of losses in tort liability include: 1. The person without civil capacity causes damage to others; 2. The person with full capacity for civil conduct has no consciousness or control of his own behavior for the time being, but has no fault, but causes damage to others; 3. The specific perpetrators are not clear, and the possible perpetrators should share the losses; 4. The damages are caused by accidents; 4; 5. It is damaged in the course of carrying out activities for the interests of the other party or the common interests. In this case, both the plaintiff and the defendant in the collision are under the age of 10 years old and have no capacity for civil conduct. At the same time, the damage is caused by accidents. Therefore, according to the relevant provisions of the tort liability law, the losses can be shared by both parties according to the actual situation.

The plaintiff ran in the narrow corridor during recess

Xiaoyu, a first-year student of a primary school in Dianjiang County, ran into the toilet during lunch break. He accidentally ran into his classmate Xiaohong's foot in the classroom corridor and fell down and injured, causing grade 10 disability. Who should bear the responsibility for Xiaoyu's injury? Because the responsibility is difficult to define, Xiaoyu sued the school, Xiaohong and his parents to the court, asking several defendants to compensate him for his medical expenses, nursing expenses, disability compensation, etc., totaling more than 50000 yuan 。

Recently, the Dianjiang County Court concluded the case. The court ruled that the school had fulfilled its responsibility for safety and security, with 80% of the injured and 20% of the students stretching their feet.

The plaintiff Xiaoyu complained that during the lunch break on September 23, 2015, he ran to the toilet on the corridor of a primary school in Dianjiang County, the defendant. On the way, he was kicked by Xiaohong's right foot backward and was later diagnosed with Meng's fracture on his left side. After identification, he was classified as grade 10 disability and required a continuation medical fee of 10600 yuan.

The school argues that in the weekly assembly and daily management, the school emphasizes the safety awareness of students, pays attention to the safety management of students, and fulfills the responsibility of education and management. The plaintiff's injury was caused by his accidentally kicking on others' feet and falling down, which is an accident factor, and the school has no responsibility. After the accident, the school timely contacted the parents of the students and actively rescued them, which avoided the aggravation of the adverse consequences and the expansion of the loss. The school had no fault in the accident, so the school asked the court to reject the plaintiff's lawsuit against the school.

The defendant Xiaohong and his parents argued that the plaintiff's injury was due to his careless kicking on the defendant's feet. Xiaohong should not be held responsible for the injury, but should be borne by the plaintiff himself.

In order to find out the case, the judge specially went to the scene of the accident to check the width and direction of the school corridor, and checked the testimony of the witness. The investigation found that during the lunch break on that day, Xiaohong, the defendant, was lying on the railing of the corridor on the second floor, facing the playground with his back to the classroom and looking at the playground. At the same time, Xiaoyu, the plaintiff, ran out of the classroom (from right to left, running on the right) to the toilet, fell down and injured his left hand.

At the same time, the court found out that the school pays attention to safety education in daily management, requiring students to go up and down stairs to the right, do not fight or chase in the corridor and stairs, and signed a "student (child) safety guarantee" with the plaintiff. After the incident, the school also timely contacted the head of the student and checked the injury.

After hearing, the court held that in this case, the defendant had done his duty of education and management, so the school of the defendant did not bear the responsibility in this case. The collision between the plaintiff and the defendant was due to the plaintiff running out of the classroom and just touching the defendant's foot. Therefore, the plaintiff was knocked down and injured due to an accident. Article 24 of the tort liability law of the people's Republic of China stipulates: "if neither the victim nor the actor is at fault for the occurrence of the damage, the loss may be shared by both parties according to the actual situation. '

The situations of fair sharing of losses in tort liability include: 1. The person without civil capacity causes damage to others; 2. The person with full capacity for civil conduct has no consciousness or control of his own behavior for the time being, but has no fault, but causes damage to others; 3. The specific perpetrators are not clear, and the possible perpetrators should share the losses; 4. The damages are caused by accidents; 4; 5. It is damaged in the course of carrying out activities for the interests of the other party or the common interests. In this case, both the plaintiff and the defendant in the collision are under the age of 10 years old and have no capacity for civil conduct. At the same time, the damage is caused by accidents. Therefore, according to the relevant provisions of the tort liability law, the losses can be shared by both parties according to the actual situation.

The plaintiff ran in the narrow corridor during recess