If a student is injured by a classmate at school and the school fails to fulfill its management responsibility, it needs to bear the responsibility. If a student is a person without civil capacity and is injured at school, the school should bear the responsibility, but if the school proves that it has fulfilled its management responsibilities, it does not need to bear the responsibility. Students are people with limited capacity for civil conduct. If they are injured in school and the school fails to perform its management duties, they should bear the responsibility.

1. Is the school responsible for students being injured by classmates at school?

If a student is injured by a classmate at school and the school fails to fulfill its educational management responsibilities, it shall bear the responsibility.

Article 1 199 of the Civil Code stipulates: "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 the tort liability; However, those who can prove that they have fulfilled their educational management responsibilities will not bear tort liability. "

Article 1200 stipulates: "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 educational management duties, he shall bear tort liability."

If a student is injured by a classmate at school, whether the school bears the responsibility shall be handled according to the following circumstances:

1. If a student is a person without civil capacity and is beaten by a classmate at school, the school shall bear the tort liability, but if it can be proved that he has fulfilled his educational management obligations, he shall not bear the tort liability;

2. The student was a person with limited capacity for civil conduct and was beaten by his classmates at school. If the school fails to fulfill its educational management responsibilities, it shall bear the tort liability.

Second, the supplementary responsibility of the school.

Article 120 1 of the Civil Code stipulates: "If a person without or with limited capacity for civil conduct suffers personal injury from a third party outside kindergartens, schools or other educational institutions during his study and life, the third party 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 recover compensation from third parties after assuming supplementary responsibilities. "

If a student suffers personal injury from a third party outside the school, the third party shall bear the tort liability. If the school fails to fulfill its management responsibilities, it shall bear corresponding supplementary responsibilities and then compensate the students.

If a student is injured by a classmate at school, does the school have the responsibility to deal with it according to the specific situation? Students belong to people without civil capacity. If the school can prove that it has fulfilled its management responsibility, it does not need to take responsibility. Student are people with limited capacity for civil conduct. If the school fails to fulfill its management responsibilities, it shall bear the tort liability and compensate the students.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 176 If a victim voluntarily participates in a risky cultural and sports activity and is harmed by the actions of other participants, the victim may not ask other participants to bear tort liability; However, unless other participants have intentional or gross negligence in the occurrence of damage. The responsibilities of event organizers shall be governed by the provisions of Articles 1 198 to 120 1 of this Law.

Article 119 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 the 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 1201 If a person without or with limited capacity for civil conduct suffers personal injury from a third party outside a kindergarten, school or other educational institution during his study and life, the third party 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.

Article 177 If the lawful rights and interests are infringed upon, and the state organs cannot protect them in time in case of emergency, and the lawful rights and interests will be irretrievably damaged if measures are not taken immediately, the victim may take reasonable measures such as seizing the infringer's property within the scope necessary to protect his lawful rights and interests; However, it should immediately request the relevant state organs to handle it. If the victim takes improper measures to cause damage to others, he shall bear tort liability.

Article 183 If a violation of the personal rights and interests of a natural person causes serious mental damage, the infringed person has the right to claim compensation for the mental damage. If serious mental damage is caused to a specific object with personal significance of a natural person due to intentional or gross negligence, the infringed person has the right to claim compensation for mental damage.

Article 185 Whoever intentionally infringes upon the intellectual property rights of others, if the circumstances are serious, shall have the right to request corresponding punitive damages.

Article 1239 If the possession or use of highly dangerous articles such as inflammable, explosive, highly toxic, highly radioactive, corrosive and highly pathogenic causes damage to others, the holder or user shall bear tort liability; However, if it can be proved that the damage was caused by the victim's intention or force majeure, it will not be liable. If the infringer is grossly negligent in the occurrence of the damage, the liability of the possessor or user may be reduced.