The key to determining whether the school is responsible depends on whether the school is at fault. If any of the following circumstances causes a student injury accident, the school shall bear corresponding responsibilities according to law: (1) Public facilities such as school buildings and venues, as well as school tools, teaching and living facilities and equipment provided by the school to students do not meet the standards prescribed by the state, or there are obvious unsafe factors; 2) The school's security management systems such as public security, fire fighting, facilities and equipment management are obviously lacking, or the management is chaotic. There are major security risks, but measures are not taken in time. 3) The medicines, food and drinking water provided by the school to students do not meet the relevant national or industrial standards and requirements. 4) The school organizes students to participate in educational and teaching activities or extracurricular activities, and fails to provide students with corresponding safety education and take necessary safety measures within the foreseeable scope. 5) The school knows that teachers or other staff members have diseases that are not suitable for education and teaching. However, the necessary measures have not been taken. 6) In violation of relevant regulations, the school organizes or arranges underage students to engage in labor, sports or other activities that are not suitable for minors. (seven) students with special physical fitness or specific diseases are not suitable for participating in certain educational and teaching activities. The school knows or should know, but it doesn't pay the necessary attention. 8) The school found that students were suddenly ill or injured during school, but did not take corresponding measures in time according to the actual situation. 9) School teachers or other staff members corporal punishment or corporal punishment of students in disguised form, or 10) School teachers or other staff members find that students' behavior is dangerous in the process of performing their duties of organizing and managing underage students. However, 1 1) The school found or knew information directly related to the personal safety of minor students, such as leaving school without authorization, but failed to inform the guardians of minor students in time, resulting in minor students leaving the protection of guardians and being hurt.
Legal basis:
People's Republic of China (PRC) Civil Code
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.