There are still 5 minutes to start the evening self-study, and Xia Mou, a junior high school boy, suddenly fell from the 4th floor of the school's teaching building and fell. After being treated, he fell disabled.
Because the school only paid part of the medical expenses in advance, Xia One party sued the court and claimed millions of yuan from the school for medical expenses, disability compensation, follow-up treatment costs, etc. However, the school believes that Xia Mou's injury was caused by his unsuccessful pursuit of girls in the same class and he jumped off the building, and should bear all the responsibility for himself, and the school that has fulfilled its education management responsibilities is not responsible.
So, how do you set yourself accountable? After more than two years, the school jumping incident in Neijiang, Sichuan Province, has come to an end. The court held that xia should not adopt the extreme practice of jumping off the building after having emotional problems with his classmates, and he should bear the main responsibility for the consequences of the damage; the school was determined to be responsible for 30% as appropriate due to negligence in safety management and failure to fulfill its education management responsibilities. The court finally ruled that the school compensated Xia for more than 264,000 yuan on the basis of the medical expenses that had been advanced in the previous period of 127,000 yuan.
event:
Due to emotional problems
Junior high school boys jumped from a building and became disabled
Time back to April 22, 2019. At 18:14:50 on the same day, in the school of Gaoqiao Street Center in Neijiang City, Xia suddenly jumped from the 4th floor of the teaching building and fell. After the incident, the classmates immediately reported to the teacher, after the school teacher rushed to the site of the fall, the then principal Lan mou called the emergency telephone and the police at 18:25, and the ambulance that rushed to the scene sent Xia to the hospital for treatment.
At the time of the incident, I was about to study at night, and Xia was a junior high school student of the school. The reason why he impulsively jumped off the building was because of emotional problems between him and the girl in the same class, Wang Mou. According to the police's questioning of many of Xia's classmates, before the incident, Xia had an unpleasant relationship with his female classmate Wang mou due to the emotional relationship between male and female friends. Some students also said that Xia Mou was lying on the table before jumping off the building, the mood was not very good, I don't know how long it took to get up and go outside the classroom, the speed was very fast, and then there was a jumping incident.
For the next 252 days, Xia has been receiving treatment in the hospital, spending more than 230,000 yuan in medical expenses. After diagnosis, the injuries included severe head injury, multiple contusions in the skull with bleeding, lumbar 3 vertebral burst fractures with incomplete paraplegia, and multiple fractures of the lumbar 2 and 4 vertebrae, ribs and left pubic inferior branch, and left iliac bone.
After being discharged from the hospital, Xia Mou went to the hospital again for 22 days on July 30, 2020, spending more than 10,000 yuan in medical expenses, and the hospital diagnosed spinal cord injury and osteoporosis of the right knee. Later, after the court organized and entrusted judicial appraisal, Xia's degree of disability was grade ivy and grade 10, and the follow-up treatment fee was about 67,000 yuan, and the cost of disability auxiliary equipment was about 7,440 yuan, which was part of the nursing dependence.
controversy:
The injured claimed millions from the school
The school admits that it is not at fault and should not be held responsible
After Xia was injured and hospitalized, Gaoqiao Street Central School paid more than 127,000 yuan in medical expenses in two advances. Her mother negotiated with the school on several occasions, and the school did not pay the rest of the costs.
To this end, Xia's party sued the court, deducted the medical expenses advanced by the school, and then claimed from the school more than 1.2 million yuan for medical expenses, nursing expenses during hospitalization, hospital meal subsidies, nutrition expenses, disability compensation, mental consolation payments, follow-up treatment fees, appraisal fees, and disability auxiliary equipment. The lawyer said at the trial that Xia accidentally fell from the 4th floor of the school, and there was no duty teacher patrolling the classroom and corridor at that time, and the school had serious negligence in safety management and other aspects, and should be held responsible.
However, the school believes that Xia Mou did not accidentally fall from the teaching building, and the injury was caused by his unsuccessful pursuit of the girls in the same class and jumped off the building, and he should bear full responsibility. In addition, the school has fulfilled its educational management duties, is not at fault and should not be liable for compensation.
During the trial, although Xia's lawyer recognized the fact that Xia had jumped off the building on his own, he still believed that at the time of the incident, the school did not have a duty teacher to inspect, nor failed to timely discover Xia's abnormal emotions and behaviors and guide and stop them, and there was serious negligence in safety management, and he failed to fulfill his education management duties and should bear corresponding responsibilities.
verdict:
Students are responsible for extreme behavior
School management negligence is responsible for 30%.
Is the school at fault in education and management, and should it compensate Xia for the corresponding losses? After trial, the Dongxing District People's Court of Neijiang City held that before the students of late self-study leave the school, the school should have a responsible person and teachers on duty and patrol, and should fulfill the management responsibility for the safety of the students during the school period. According to the surveillance video, although the incident occurred in the after-school time, Xia Mou did not leave the school and it was only 5 minutes before the class time, and the school did have an oversight in safety management, with certain negligence.
In addition, Xia Mou, as a graduating student, has great academic pressure and is in adolescence, and the school, as an educational institution, should conduct social life guidance, psychological education counseling, adolescent education and life education according to the characteristics of minor students' physical and mental development. However, the police's interrogation record shows that Xia Mou and the same table emotional problems have been around for a long time, and the students are well aware that the school should have found it before the incident but did not find it, let alone carried out psychological education and counseling, did not communicate with the guardian, did not fulfill the responsibility of education management, and should bear secondary responsibility.
At the same time, the court held that xia mou should not have taken the extreme practice of jumping off the building because he could not overcome and relieve the emotions in his heart after having emotional problems with his classmates. As a 15-year-old person with limited capacity for civil conduct, Xia Mou should have a clear understanding of the consequences of jumping off a building, and the consequences are also causal and causal to his own behavior, and he should bear the main responsibility.
Accordingly, on the basis of determining that Xia's various losses were 130.7 yuan, the court found that Xia was responsible for 70% of the responsibility and the school was responsible for 30%. After deducting the more than 127,000 yuan already advanced, the court finally ordered Gaoqiao Street Center School to compensate Xia for more than 264,000 yuan on July 30, 2021.
The scene of the trial. According to the China Trial Open Network
At present, the school has fulfilled the compensation payment.
Red Star News reporter Yao Yongzhong
Edited by Peng Jiang
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