If a student is injured during a scuffle, can they demand compensation from the school?

If a student is injured during horseplay, can the school be required to pay compensation?

Compiled from: Heze Economic Development Zone Court

Case Review

Zhang Mouye (9 years old) and Chen Mousen (8 years old) were classmates at a primary school in Heze City. On the afternoon of January 4, 2021, during a break between classes, Zhang Mouye was playing in the school hallway when he was bumped from behind by Chen Mousen, who was running. Zhang Mouye then went to the teacher's office. The homeroom teacher found that Zhang had an external injury at the corner of his mouth. After learning about the situation, the teacher contacted the parents of both students by phone at 14:53, 14:57, and 15:55 on the same day to discuss handling the matter. Between January 6 and January 22, 2021, the homeroom teacher contacted the parents another 14 times by phone to negotiate a resolution.

It was also found that the primary school in Heze, to strengthen campus safety management, had posted in each classroom a "Class Management System" that included rules such as "Do not chase or roughhouse in the classroom or hallway during breaks." In the hallway, it posted the "Daily Behavior Standards for Primary School Students," the "Primary School Student Code," and a sign reading "Walk slowly in hallways and on stairs; yield to others and tread lightly." It also issued a "Detailed Requirements for Building a Standard and Orderly Class Group (Revised Draft)," which specified behavioral norms for various aspects, including "Requirements for the Ten-Minute Break Between Classes." Additionally, the school regularly held safety-themed class meetings and conducted safety education through the Red Scarf Broadcasting Station.

The plaintiff filed a lawsuit with the court, demanding compensation for losses from the defendant.

Civil Code of the People's Republic of China

Article 1165

A person who infringes upon another person's civil rights and interests due to fault and causes damage shall bear tort liability. If a person is presumed to be at fault according to legal provisions and cannot prove that he is not at fault, he shall bear tort liability.

Article 1179

Where a person causes personal injury to another, he shall compensate for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing fees, transportation expenses, nutrition fees, and hospital meal subsidies, as well as the income reduced due to missed work. If disability is caused, he shall also compensate for the costs of assistive devices and disability compensation; if death is caused, he shall also compensate for funeral expenses and death compensation.

Article 1188

Where a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to another, the guardian shall bear tort liability. If the guardian has fulfilled his guardianship duties, his tort liability may be mitigated.

Article 1201

If a person with no or limited capacity for civil conduct suffers personal injury from a third party outside the kindergarten, school, or other educational institution during their study or life there, the third party shall bear tort liability; if the kindergarten, school, or other educational institution fails to fulfill its management duties, it shall bear corresponding supplementary liability. After bearing supplementary liability, the kindergarten, school, or other educational institution may seek recourse from the third party.

[4] Author's Opinion

Fights and roughhousing among students are common. Some parents panic when they see their child injured, but whether the school needs to bear responsibility depends on whether the school is at fault. That is, if the school has fulfilled its corresponding safety education and management duties, and the student is injured during play between classes, the incident is sudden, unpredictable, difficult to control or avoid, and the school promptly investigates the situation, contacts both parents to negotiate a resolution, and takes appropriate measures after the incident, then the school is not at fault and has fulfilled its active rescue obligations, thus it does not need to bear compensation liability.