(1) Kindergartens, schools or other educational institutions shall bear the responsibility for personal injuries suffered by people without civil capacity during their study and life, but those who can prove that they have fulfilled their educational management obligations shall not bear the responsibility.

(2) 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 fulfill its educational management responsibilities, it shall bear the responsibility.

(3) If a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury from a person other than a kindergarten, school or other educational institution during his study and life, the infringer shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

However, there are also cases where schools do not take responsibility, that is, schools can prove that they have fulfilled their educational management responsibilities without taking responsibility. For example, to provide a safe learning environment and facilities, the basketball court is flat, and the cause of playing injuries is an accident caused by physical contact during sports. In this case, students need to be responsible for themselves. Different from primary school students, college students are adults with complete autonomy and behavioral ability. The school is not responsible for the injury caused by playing ball in school, because the university has no supervisory responsibility and obligation in this respect. If a student is injured while playing at school, if the school has fulfilled its security obligations, such as timely treatment or medical treatment after the student is injured, it will not be responsible.

Legal basis:

civil law

Article 1 176 _ _ If the victim voluntarily participates in certain dangerous cultural and sports activities, and the damage is caused by the actions of other participants, the victim shall not ask other participants to bear the tort liability; However, unless other participants have intentional or gross negligence in the occurrence of damage.