The organization is in order The spring outing will be happy and safe

The organization is in order The spring outing will be happy and safe
Basic details of the case
Pupil little Wu ' Assumed name) When participating in the spring outing that the school is organizing, fall down carelessly, cause arms to fracture seriously, through being identified as ten grades of disability. Because the school refuses to compensate, Xiao Wu lodges a complaint against school, the judgement school of the court compensates for loss of more than 15,000 yuan of Xiao Wu finally.
In this case, Xiao Wu's parents think, during the school is organizing student's spring outing, should responsible for students' personal security, and Xiao Wu, fall wounded, school make arrangement any and assist on questions of treating and attending to. The school admits Xiao Wu throws injuring in the spring outing, but think the thing is sent the ground and levelled, and it has already reached the essential attention obligation allly, it is totally one's own reason that Xiao Wu has been injured.
The court thinks, although both sides can not prove the reason why Xiao Wu fell down after trying, but the spring outing that the school organizes student's going out, has not taken the essential safety measure in the foreseeable range. After Xiao Wu falls wounded, a teacher does not show up and deal with happening suddenly the state in time. So assert Xiao Wu and the school should bear corresponding fault responsibility for the emergence of this accident.
Analysis of legal principle
The school is the place of implementing educational teaching in the country, though between school and student is not the guardianship on civil laws and relation guarded, but " minors protect the law " according to our country, " law of compulsory education " and " relevant regulation regarding hear the explanations of several questions of case applicable law of personal compensation for damage " of the Supreme People's Court, the school has an obligation to educate, manage and protect to the teenage students at school in accordance with the law. However, it is not the students who so long as take place in the school that are injured the incident, the school should bear responsibility, the prerequisite that the school bears responsibility has fault.
Medium and small Wu of this case has gone through formalities of entering school in the school, then during moving about in teaching, the school shoulders the duty educated, managed, protected. During spring outing outside school, the school should pay attention to protecting students' personal security even more. In this case, the school has not taken the essential safety measure in the foreseeable range. After Xiao Wu falls wounded, a teacher does not show up and deal with happening suddenly the state in time. So, the judgement school of the court bears the compensation responsibility commensurate with fault intensity.
The lawyer proposes
In season when spring is in the air and the flowers are in blossom of every year, such outside activities as the school organizes student's spring outing, visits investigating, social work begin to increase, injure the accident during outside activity in order to prevent students effectively, advise the school to pay attention to the following safe item:
1.Get on the bus before setting out, the school can be in the school or the spring outing students of the set lined up to get on the bus on the vacant lot outside the road, you fight for the unsafe phenomenon that I vie for getting on the bus to avoid students.
2.It is good to guarantee to transport students' vehicle state, the driver is healthy, avoid situations such as fatigue driving, drunk driving,etc..
3.A teacher explains safe general knowledge to students in advance to lead a group of people, can make a few simple rules to be observed by all concerned to students, clear notice by bus, stop, make loud noise, make a fun at will, the intersection of head and hand stretch out of window, chat or require the intersection of driver and the intersection of person who step on the gas and phenomenon to jeopardize security with driver.
4.Tell students the collective move about alone to forbid to leave without permission, have things to leave to want with leading a group of people a teacher greet, can leave after agreeing; Can't chase and make a fun in the activity area, can't surmount the scope of activities and climb or walk and wait far.
5.A teacher should call the roll regularly to lead a group of people, nuclear real learning grows the number of people, look over student's whereabouts. Find that there are students that disappear without a trace, while settled other students, look for rapidly.
6.Take good care of medical kit is conditional, had better let the intersection of school physician and retinue, with should throw the contingency of injuring etc. to take place suddenly.
7.Once students injure the accident, should take the first aid measure as soon as possible, then arrange to send to the hospital rapidly, prevent losses from expanding.
The editor recommends:Go, learn some save oneself the skill drew near the body first before the spring outing

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