A primary school student suddenly stretched out his leg and tripped over his classmate when he was running, resulting in a fracture and disability of his classmateRecently, the Kaizhou District People's Court of Chongqing Municipality concluded a tort liability dispute between classmates due to mischief, and ruled that the defendant's guardian should compensate the plaintiff 9280,000 yuan, the school is not responsible.
In November 2021, Xiao Fang ran out of the classroom, Xiao Ming and his classmates were walking in the corridor outside the classroom, when Xiao Fang passed by Xiao Ming, Xiao Ming suddenly stretched out his left foot and tripped Xiao Fang, causing Xiao Fang's left hand to be injured.
The school immediately sent Xiaofang to the hospital for hospitalization**, and later identified by the appraisal agency that Xiaofang's left humerus fracture involved the epiphysis, which is a grade 10 disability.
Xiao Fang's parents filed a lawsuit with the court, demanding that Xiao Ming's parents compensate Xiao Fang for 100,000 yuan in medical expenses, nursing expenses, disability compensation and other losses. Xiao Ming's parents requested that the school be added as a defendant in this case on the grounds that the school had failed to fulfill its safety management duties, and that they bear corresponding responsibility.
After trial, the court held that Xiao Ming stretched out his foot and tripped Xiao Fang when Xiao Fang passed by him, causing Xiao Fang to be injured, and that his actions were at fault, and Xiao Ming should be liable for Xiao Fang's damagesBecause Xiao Ming is a person with limited capacity for civil conduct, Xiao Ming's guardian shall be liable for the damage caused by Xiao Ming.
At the time of the incident, Xiao Fang was running, but her speed was not fast, and she was in the after-school break at the time, Xiao Fang's running did not threaten the oncoming Xiao Ming, and Xiao Ming's outstretched and tripping behavior was beyond the scope of her normal foresight, so Xiao Fang was not at fault and should not be held responsible.
Although the school has certain educational management responsibilities for minor students, it cannot require the school to perform unlimited educational management duties, and the school cannot foresee the sudden occurrence of man-made accidents, and after the accident, the injured students are sent to the hospital in a timely manner, and they have fulfilled their educational and management obligations within the scope of their duties during this period, and are not at fault, so the school does not bear tort liability in this case.
For this reason, the Kaizhou District People's Court ruled in accordance with the law that Xiao Ming's parents should jointly compensate Xiaofang for her losses, totaling 9280,000 yuan.
After the judgment entered into force, neither party appealed.
In daily life, parents should not ignore the safety education of their children, and they should always remind their children to abide by school discipline and school rules and maintain safety awareness. The safety of students at school should be guarded by both the school and parents.
The names of the characters in the article have been changed).
Upstream news reporter Xu Qin correspondent Bian Junming.