As the case may be, as follows:
1. The students are adults, and the person who caused the fracture shall bear the responsibility; Schools, kindergartens or other educational institutions that are legally obligated to educate, manage and protect minors fail to perform relevant obligations within the scope of their duties, causing personal injury to minors, or minors causing personal injury to others, they shall bear corresponding liability for compensation;
2. If a student is underage and the school fails to fulfill its educational management responsibilities, it shall bear the tort liability. If it is caused by a third party, the school only needs to bear the corresponding supplementary responsibilities.
The proceedings for compensation are as follows:
1. A civil complaint shall include the personal information of the original defendant, the claim and the evidence reasons;
2. Go to the basic court of the defendant's domicile and handle the relevant filing procedures in the filing court;
3. Submit two civil complaints and two pieces of evidence when filing a case;
4. Pay the fees after review by the filing court;
5. Submit the payment bills and materials to the court for filing, and wait for the notice;
6. The court will hold a court session in the later period after filing the case, and serve the defendant with a copy of the indictment, evidence and other materials. After being served on the defendant, the court session time will be notified or the court session summons will be mailed;
7. Both the original defendant and the defendant can decide whether they are willing to mediate;
8. If mediation cannot be conducted at the beginning of the court session, a judgment will be made, and finally a civil judgment will be issued.
Legal basis: Article 1 199 of the Civil Code of People's Republic of China (PRC).
If a person without civil capacity suffers personal injury during his study and life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability.
Article 1200
If a person with limited capacity for civil conduct suffers personal injury while studying and living in a school or other educational institution, and the school or other educational institution fails to fulfill its educational management duties, it shall bear tort liability.
Article 120 1.
If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury from a third person other than a kindergarten, school or other educational institution during his study and life, the third person shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may claim compensation from third parties after assuming supplementary responsibilities.