深圳每天一节体育课背后：学生运动受伤谁担责？律师解析校园体育法律风险

Starting from the spring semester of 2024, Shenzhen took the lead nationwide in implementing "one physical education class per day" in compulsory education schools, and has gradually established a four-tier school sports competition system at the "class, school, district, and municipal" levels, covering more than 2.6 million primary, secondary, and university students across the city. While this reform integrating sports and education has improved students' physical fitness, it has also brought up a legal issue that cannot be ignored: when a student is injured during sports at school, how should liability be allocated? What legal obligations do schools, teachers, parents, and students each bear? This article, from a lawyer's perspective, analyzes the legal risks and preventive measures for campus sports activities, based on the Civil Code and relevant judicial practice.

1. Injuries from Campus Sports: The Applicable Boundaries of the Assumption of Risk Principle

Sports inherently carry the risk of injury. Shenzhen's promotion of a daily physical education class and a four-tier competition system means that the frequency and intensity of student participation in sports will significantly increase, along with a corresponding rise in the likelihood of injuries. Legally, the principle of assumption of risk serves as an important basis for handling such disputes. Article 1176 of the Civil Code clearly stipulates: "Where a person voluntarily participates in cultural or sports activities with certain risks and suffers harm due to the actions of another participant, the victim may not request that the other participant bear tort liability; however, this does not apply if the other participant caused the harm intentionally or through gross negligence."

In campus sports events, such as the Shenzhen Middle School Track and Field Competition or football leagues, if a student is injured during normal competition due to a reasonable collision by an opponent, the principle of assumption of risk applies, and the injured student generally cannot claim compensation from the other party. However, the application of this principle has strict boundaries: the injuring party must have no intent or gross negligence. If malicious fouls or dangerous actions beyond the rules permitted in the competition occur, this may constitute gross negligence, and the injuring party would be held liable.

It is worth noting that the principle of assumption of risk primarily applies among participants and does not directly exempt schools or event organizers from liability. As organizers, schools are still required to fulfill their duty of safety assurance; otherwise, they may bear corresponding liability under Article 1198 of the Civil Code.

II. The School's Safety Obligation: A Comprehensive Examination from "Hardware" to "Software"

Schools organizing physical education classes and sporting events bear a statutory duty to ensure safety. Under Article 1198 of the Civil Code, if a manager of a public venue fails to fulfill its safety obligations and causes harm to others, it shall bear tort liability. Article 35 of the Law on the Protection of Minors also requires schools to establish and improve safety management systems, provide safety education to minors, and enhance security facilities.

Specifically in the context of campus sports, the school's duty of safety assurance covers multiple levels:

1. Venue and facility safety: Newly built specialty projects in Shenzhen, such as rock climbing bases and ski training centers, must comply with national standards and undergo regular inspection and maintenance. For example, if the rock climbing base at Songquan Experimental School has issues such as loose climbing holds or aging protective mats, the school cannot evade responsibility.

2. Faculty and Teaching Standards: Shenzhen has recruited 104 champion athletes as full-time coaches. Do these coaches hold teaching qualifications and first-aid certifications? Does the design of physical education classes align with students' age and physical fitness levels? If students are injured due to improper teaching arrangements, such as overloading training, the school must bear responsibility.

3. First Aid and Emergency Response Mechanisms: Sports venues must be equipped with first aid equipment and trained personnel. In the event of an injury, whether the school can take correct and timely measures directly affects whether the consequences of the damage are aggravated. If the injury worsens due to delayed treatment, the school may bear liability for compensation for the aggravated portion.

In judicial practice, courts typically consider comprehensively whether the school has fulfilled its duties of "education, management, and protection." For example, in a case where a student fell and fractured a bone while running during a physical education class, the court found that the track had potholes and no warning signs were set up, determining that the school had failed its safety guarantee obligation and ordered compensation. Conversely, if the school can prove it has exercised reasonable care, it may be exempted from liability.

III. Legal Liability of Teachers and Coaches: Distinction Between Official Duties and Personal Faults

For physical education teachers in Shenzhen schools and full-time coaches introduced from outside, their conduct in organizing teaching and training constitutes official duty behavior. According to Article 1191 of the Civil Code, if an employee of an employer causes harm to another person while performing work tasks, the employer shall bear tort liability. Therefore, if a student is injured due to improper teaching guidance, the school generally compensates externally, and after compensation, the school may seek recourse against the teacher who acted with intent or gross negligence.

However, if a teacher acts with intent or gross negligence—such as physically punishing students or forcing them to proceed despite known dangers—they may face personal liability. For instance, if a physical education teacher punishes a student for failing to complete a task by making them run laps in extreme heat, leading to heatstroke and unconsciousness, such clearly inappropriate behavior may constitute gross negligence, and the teacher would bear corresponding personal responsibility.

Shenzhen's promotion of "one physical education class every day" places higher demands on teachers' teaching abilities and safety awareness. Teachers should provide pre-class safety reminders and warm-up guidance, while closely monitoring students' physical conditions. For students with underlying conditions such as heart disease or asthma, teachers need to be aware of their health information and avoid arranging unsuitable exercises.

IV. Legal Awareness of Parents and Students: Balancing Insurance and Agreements

In the context of integrating sports and education, parents should proactively understand the legal risks associated with school sports. First, it is recommended that parents purchase accident insurance for their children, so that in the event of an accident, the insurance can provide timely financial compensation. Schools should also take out school liability insurance, which can alleviate financial pressure when the school bears responsibility. Some schools in Shenzhen have piloted a "school + club" joint training model, and when parents sign agreements with clubs, they should clearly define the division of responsibilities and insurance terms.

Second, parents should cooperate with the school in reporting students' health information. If a child has a special physical condition or illness, it is essential to inform the school in writing; otherwise, if sports injuries occur due to concealing the condition, parents may bear partial responsibility. For example, if a student has a history of asthma but fails to disclose it, and an attack occurs during a run in physical education class, the school, being unaware, cannot prevent it, and the court may reduce the school's liability.

Finally, students themselves should also strengthen their awareness of rules. Abiding by the rules and respecting opponents during competitions not only embodies the spirit of sportsmanship but also reduces the risk of injury. At the same time, learning self-protection, such as how to break a fall, is an important part of campus physical education.

V. Lawyer's Recommendations: Establishing a Campus Sports Risk Prevention and Control System

Shenzhen's reform in integrating sports and education is at the forefront nationwide, and the corresponding legal risk prevention and control should also be upgraded in tandem. Schools should establish a complete mechanism of "prevention beforehand—response during—handling afterward." Beforehand, it is necessary to improve the inspection system for facilities and venues, teacher safety training, and student health records; during, first-aid equipment should be available and emergency plans formulated; afterward, timely medical treatment, evidence preservation, and handling of disputes in accordance with laws and regulations are required.

Parents and students should enhance their legal awareness and learn to use legal tools to protect their rights. After an injury incident occurs, they should preserve evidence such as medical records, on-site photos, and witness testimonies, and consult a professional lawyer when necessary.

Guangdong Zhiming Law Firm has深耕ed the field of education legal services, offering professional support to schools in areas such as safety management system review and accident dispute resolution, as well as providing legal consultation on infringement claims for parents and students. By integrating sports and education, sports illuminate children's growth, and the law should also serve as a solid shield to safeguard this journey.