Ask: June 2017 the middle ten days of a month, my two students Zhang Mou and Zhao Mou (all be 7 years old of) , playtime makes game on the playground. Zhang Mou is being pushed paying scale implement on the Zhao Mou of lop cord, zhao Mou is swinging to play. In the process, zhao Mou was dropped from cord carelessly, as a result of ascend implement there is sand inside the bunker of lower part, bring about left knee joint and leg ministry to get hurt. Zhao is sent toward the hospital to accept treatment after some, classics appraisal, its hurt affection to form 10 class to disable, pay medical treatment fee with this, nurse each charge such as cost makes an appointment with 20 thousand yuan. Zhao Mou should look for the school, does the parent that still looks for Zhang Mou assume liability to pay compensation?
Answer: Our country " tort liability law " thirtieth sets 8 times: Be in nursery school, school without person of civil action competence other perhaps education is damaged during orgnaization study, life by person, orgnaization of other perhaps education ought to assume nursery school, school responsibility, but can prove responsibility of education, management, do not assume responsibility. Knowable, get hurt during school without person of civil action competence, applicable to the school fault is illative principle, the school proves its all arrived to manage obligation only, just do not assume responsibility if; is indemonstrable all arrived to manage obligation, so be about to assume proper responsibility according to fault degree. In this case, the school not ascend implement go up lop cord dish good, and there is mount sand below cord, bring about Zhao Mou to drop get hurt, knowable school did not use up sufficient administrative responsibility, so the school should assume corresponding liability to pay compensation.
" tort liability law " the 6th regulation: Behavior person because other people of fault enroach on is civil rights and interests, ought to assume tort responsibility. Zhang Mou catchs the string of the move in Zhao Mou of the push-pull in game process, bring about Zhao Mou to fall. So, zhang Mou also ought to assume fair liability to pay compensation.
" tort liability law " the 26th regulation: The happening that is opposite to damage by the infringer also has fault, can reduce the infringer's liability. Zhao Mou is in amuse oneself process, the safety of oneself defends consciousness is not strong, to its oneself get hurt put in certain fault, can reduce the liability to pay compensation of the school and Zhang Mou so.
On put together, zhao Mou can look for the guardian of the school and Zhang Mou to assume corresponding liability to pay compensation. In this special clew parent, cannot think the child is during the school, nursery school study, life simply, oneself can put a person's mind " without giving thought to " . Parents must strengthen the safe education to the child, protect the security of good child jointly with the school, teacher, avoid to harm the happening of incident.
