【Civil and commercial case】The school was sentenced not responsible for a girl breaking her wrist during lunch break and causing a broken bone

The school in the first instance was found not responsible

　　Two female junior high school students at Foshan No. 6 Middle School broke their wrists in the classroom during lunch breaks, and one of them was accidentally broken to the bone. The family of the injured girl felt that the school and the girl who caused the injury were responsible for the incident and filed a lawsuit with the court. Recently, the Chancheng District Court rendered a first-instance judgment on the case, and the school did not need to bear responsibility.

　　event:

　　Woman's same school skills one-sided fracture

　　On April 26 last year, Ling Ling, a female student at Foshan No. 6 Junior High School, accidentally injured her left hand, and her father, Mr. Chi, received a call from a teacher at Foshan No. 6 Middle School and rushed to the school to take her to the hospital for treatment. The hospital diagnosed a fracture of the lower part of the left humerus. Nearly a year later, Lingling was identified as a grade 10 disability.

　　Mr. Chi determined that Lingling was injured when she had physical contact with Xiao Qi, a female classmate in the same class, during a physical exercise competition at the Foshan Sixth Middle School Athletics Field. In his mind, Foshan Sixth Middle School should be responsible for the incident, and Xiao Qi should also bear joint and several responsibility. Therefore, Mr. Chi's family claimed more than 120,000 yuan from both parties.

　　The matter went to the Chancheng Court. During the trial, the court found that the fact that Lingling was injured was contrary to Mr. Chi's claim. The hospital found that on the same day, LingLing was injured while playing a wrist-breaking game with Xiao Qi in the classroom, and the incident occurred during the lunch break.

　　verdict:

　　Schools are not responsible

　　In court, Foshan No. 6 Middle School argued that the school was not responsible for the incident. There are two reasons: first, the school has conducted safety education for students in daily teaching and formulated relevant safety regulations; second, after the incident, the school teacher rushed to the scene at the first time, notified parents [Weibo], and sent students to accompany Lingling to the hospital.

　　The above-mentioned defense of the school was determined by the Chancheng Court. In the end, the court found that Foshan No. 6 Middle School was not responsible for the incident.

　　The Chancheng court also pointed out that the incident occurred in an accident that occurred while playing between classmates, and neither side was at fault. According to the law that "if neither the victim nor the perpetrator is at fault for the occurrence of the damage, the loss can be shared by both parties according to the actual situation", Xiao Qi should share 50% of the loss with LingLing.

　　In the end, the Chancheng court ruled in the first instance that Xiao Qi's parents should compensate Ling Ling for more than 40,000 yuan. At present, the judgment has been served on the parties.

Source: Legal Cases