Source: Dongguan Time Network-i Dongguan
Two junior high school students participated in extracurricular tutoring at the training center, and when they were injured in a dispute during lunch break, the parents of the injured students took the other parent and the training center to court, demanding compensation liability. After the Qiaotou Court of the Third Court of Dongguan accepted the case, the judge patiently interpreted the law and reasoning from the perspective of education conducive to the growth and education of minors, and strived to resolve the contradiction peacefully, and finally promoted the three parties to reach a mediation agreement, and the two students also returned to normal study life.
Who is responsible for the injury in a dispute during a student's lunch break?
Yan Yan (pseudonym), 12, and Xiao Qiang (pseudonym) are both conducting extracurricular tutoring at a training center in Qiaotou Town. At noon on November 7, 2020, the two had a dispute over seating in the self-study room of the training center, Yan yan hit Xiao Qiang with the drink bottle, Xiao Qiang picked up the drink bottle and threw it at Yan Yan, resulting in Yan Yan's glasses lens being broken, and the skin of the left eye appeared lacerated, and after Yan Yan went to the hospital for treatment, it cost 7167.61 yuan.
Due to the failure of the parties to negotiate compensation, in April this year, Yanyan's guardian sued Xiaoqiang's guardian and training center to the Qiaotou Court of the Third Court of Dongguan, demanding that Xiaoqiang compensate for medical expenses, glasses costs, mental damage compensation totaling 62208.61 yuan, and requiring the training center to bear supplementary liability for 20% of the total cost.
During the trial, there was a major dispute between the parties over liability and related costs.
Yan Yan's guardian believes that Xiao Qiang's behavior caused Yan Yan to be injured and should bear corresponding responsibilities, while the training center did not fulfill its education management responsibilities and should bear supplementary responsibilities.
Xiao Qiang's guardian believes that Yan Yan first hit Xiao Qiang's head with a drink bottle, and Xiao Qiang returned fire based on defensive psychology, which caused Yan Yan to be injured, and Yan Yan had certain faults and should also bear corresponding responsibilities.
The training center believes that the training center has set up a sign of "no noise, no chase" in a conspicuous place in the public area, Yan Yan's injury occurred when he competed with Xiao Qiang for a seat, not caused by the training center, the training center immediately dealt with Yan Yan after being injured and notified the parents, and also paid the medical expenses for Yan Yan, has fulfilled its management duties, and should no longer bear the liability for compensation.
Judges clarify responsibilities and patiently interpret the law and analyze the reasoning, and promote reconciliation!
Considering that the case involved two minors and the two were still studying at the training institution, Judge Zhong Fengmei organized tripartite mediation many times, and after the trial, she also insisted on doing the work of all parties and strived to guide the parties to resolve the dispute by way of reconciliation.
Judge Zhong Fengmei first interpreted the law and analyzed the burden allocation and the scope of compensation in light of the facts of the case. She pointed out that Yan Yan and Xiao Qiang were 12 years old at the time of the incident, had a certain ability to identify and judge their own behavior, the two did not comply with the regulations during the recess, because of the dispute over the seat caused by injury, both of them were at fault, Xiao Qiang should bear the main responsibility, Yan Yan undertook secondary responsibility; the training center as an educational institution, although it formulated a management system, also posted a warning sign, but there was indeed negligence in the implementation and supervision of the system, and failed to educate and stop in time when students had disputes. If there is obviously a certain fault, corresponding responsibility should be borne. Subsequently, from the perspective of being conducive to the growth and education of the two minors, she advised all parties to strengthen communication and consultation, properly resolve disputes, prevent the intensification of contradictions, form a greater litigation burden, and affect the healthy and happy growth of children.
Under her efforts, on May 17, 2021, the three parties reached a mediation agreement, Xiao Qiang's guardian paid another 10,000 yuan on the basis of the medical expenses and glasses fees already advanced, and the training center paid another 5,000 yuan on the basis of reducing the course fee and making up the course.
At present, Xiaoqiang's guardians and training centers have fulfilled their payment obligations. After treatment, Yan yan also returned to normal study life.
【Judge's Statement】
It is a statutory obligation for educational institutions to ensure the safety of students
According to the Civil Code of the People's Republic of China, where a person without or with limited capacity for civil conduct suffers personal injury to a third party other than a kindergarten, school or other educational institution during his study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; After kindergartens, schools or other educational institutions assume supplementary liability, they may seek compensation from a third party.
In this case, the presiding judge reminded that ensuring the safety of students is a legal obligation of educational institutions. All kinds of education and training institutions should combine the age, intelligence, physiology and other characteristics of students in school, start from the details, do a good job in safety precautions, whether it is teaching activities or recess, should pay attention to safety issues. At the same time, parents should also enhance their children's safety awareness and cultivate their good character, not only to let children learn to protect themselves, but also to educate them not to hurt others.
Text: Yin Jinzhong Intern Li Yue Correspondent: Zhong Ziwei
Photo: Correspondent Zhong Ziwei
Editor: Li Shiying
This article is from [Dongguan Time Network-i Dongguan], which only represents the author's views. The National Party Media Information Public Platform provides information release and dissemination services.