On the verge of entering the 16-year-old flower season, life has played a joke on Xiao Fang (a pseudonym) — — Fall from the high and low bed in the school dormitory, lumbar fracture, nerve injury, incontinence. On the 10th, the reporter learned that after nearly two years’ waiting, Xiao Fang finally got the judgment of the second instance: she took 55% responsibility and the school took 45% responsibility.
Go to the toilet late at night and fall from the upper berth.
The lumbar fracture was discovered the next day.
Two years ago, Xiao Fang entered a vocational middle school in Caidian to read Grade One. One night, she wanted to go to the toilet when she slept in the upper bunk. When she got out of bed, she accidentally fell and fell heavily on the ground with her back down. With the help of her roommate, after applying her feet, she continued to rest on her classmate’s bed in the lower bunk. Early the next morning, Xiao Fang asked the teacher for leave and went to the hospital to check his foot injury. After coming back from the hospital at noon, Xiao Fang still felt very uncomfortable all over. At this time, the class teacher called Xiao Fang’s mother to tell her about the child’s injury.
In the afternoon, accompanied by her mother, Xiao Fang rushed to a public hospital. At this time, it has been 15 hours since the accident happened. Xiao Fang was diagnosed with lumbar fracture, cauda equina nerve compression and multiple soft tissue injuries. The doctor advised her to rest for three months.
It is understood that the bunk bed in Xiao Fang is made up of two wooden boards, and the bunk bed is not equipped with handrails. At the same time, the corridor corresponding to Xiao Fang’s dormitory is not equipped with lighting lamps, and the windows of the dormitory are not equipped with curtains. In order to keep out the light, the students in the dormitory put up window paper by themselves.
"At that time, the school had turned off the lights, there was no light in the room, and there was no light in the corridor." Xiao Fang said that he was too anxious to go to the toilet at night, and his foot was empty, thinking that he would be fine in a few days, but he didn’t expect to be so seriously injured.
Two hospitalizations cost nearly one hundred thousand yuan.
The injured girl sued the school for huge compensation.
Xiao Fang was hospitalized for nearly a month. The following summer, Xiao Fang was hospitalized again because of lumbar discomfort, and lived for more than ten days. Xiao Fang’s mother said that the two hospitalizations before and after cost more than 100,000 yuan, and she was also identified as a level 5 disability.
Afterwards, the school organized teachers and students to raise money for Xiao Fang, totaling more than 10,000 yuan, but the school refused Xiao Fang and his family’s claim for compensation.
In 2017, Xiao Fang took the school to court, demanding compensation of more than 600,000 yuan for medical expenses, nutrition expenses and disability subsidies. In the court, the two sides held their own words and the debate was fierce. Xiao Fang and his family believe that there are defects in the equipment and facilities of the school dormitory, and they did not take corresponding rescue measures in time afterwards, and they did not carry out the necessary safety and self-care and self-help education on a daily basis. There are obvious faults and they should bear the responsibility.
The school believes that Xiao Fang is 15 years old, has certain judgment, and has obvious negligence. Afterwards, the school was not informed of the physical injury accurately and timely, which made the injury worse.
The plaintiff challenged the division of responsibilities and appealed.
The Intermediate People’s Court upheld the original judgment and assumed 55% responsibility.
In the first instance, the court found that there was an educational relationship between Xiao Fang and the school, and the school was responsible for the education, management and protection of Xiao Fang. In this case, both the school and Xiao Fang were at fault. Judging from the division of accident liability, there is a close relationship between the fault of both parties and the damage result. However, Xiao Fang has reached the age of 15 and is a person with limited capacity, so he should bear the main responsibility for the injury. Therefore, the judgment found that Xiao Fang’s responsibility ratio was 55%, and the school compensated Xiao Fang for various expenses of more than 200,000 yuan.
Xiao Fang and his family felt very wronged by the verdict, so they appealed to the Wuhan Intermediate People’s Court. A few days ago, the judgment of the second instance upheld the original judgment, holding that the facts of the original judgment were clear, the evidence was sufficient and the division of responsibilities was reasonable, and the appeal request was rejected.
Xiao Fang was puzzled by such a verdict. She told reporters that she was going to apply for a retrial with her family. (Reporter Yan Shanshan)
[Key points of law]
1. Q: How much responsibility should the school bear when students are injured at school?
A: Article 39 of the Tort Liability Law: If a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, and the school or other educational institution fails to perform its education and management duties, he shall bear the responsibility.
2. Q: Should the donations raised by the school be deducted from the compensation?
A: Collecting money for the plaintiff by organizing donations from teachers and students at school is the responsibility of the school to protect the legitimate rights and interests of underage students, actively help the injured students and help their physical and mental health development, and it is not a civil liability, so the donation amount should not be deducted from its commitment.