Return Case ListInfringement Compensation

In a personal injury liability case at a school in Fujian, the court ordered the school to compensate the student for various losses totaling 12.6 ten thousand yuan.

Case Summary

On 2024/3/20, Plaintiff Chen (age 12) was injured during a PE class at Defendant Xiamen [School Name]. A loose and aging basketball hoop on the school playground collapsed, striking the plaintiff's right foot. The incident resulted in a fractured right foot and multiple soft tissue contusions, requiring hospitalization for 20 days and medical expenses totaling {50,000}. According to judicial appraisal, the plaintiff sustained a Grade 10 disability, with an estimated work stoppage period of 90 days, nutritional support period of 45 days, and nursing care period of 20 days. Consequently, the plaintiff's legal representative filed a lawsuit against Defendant Xiamen [School Name], seeking compensation for medical expenses, lost wages, nursing fees, transportation costs, meal allowances during hospitalization, nutritional fees, disability compensation, and mental distress damages, amounting to a total of {90,000}.

Key Dispute

1.Did the defendant school fulfill its educational and management duties?
2.Are there safety hazards in school facilities?
3.Should the defendant bear full liability for compensation?
4.Are the claimed damages reasonable?

Case Strategy

1.Fixed photos of the accident scene, basketball hoop inspection report, hospital medical records, medical expense invoices, discharge summary, judicial appraisal opinion, nursing fee invoices, and other core evidence.
2.Present evidence that the school's basketball hoop was loose, aged, and posed safety hazards. The school failed to fulfill its obligations for inspecting and maintaining educational facilities and neglected its duty of education and management. Under the Civil Code, if a person with limited capacity for civil conduct suffers personal injury while studying or living at a school or other educational institution, and the institution fails to fulfill its duties of education and management, it shall bear tort liability.
3.The plaintiff used the basketball hoop normally during physical education class without fault; therefore, the defendant bears full liability for compensation.
4.Calculate the plaintiff's claimed losses: medical expenses 3.6 ten thousand yuan, lost wages 1.8 ten thousand yuan, nursing fees 0.4 ten thousand yuan, transportation costs 0.2 ten thousand yuan, hospital food allowance 0.2 ten thousand yuan, nutritional fees 0.45 ten thousand yuan, disability compensation 5.4 ten thousand yuan, and mental distress damages 0.6 ten thousand yuan. Total: 12.65 ten thousand yuan. The plaintiff's claim of 12.6 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant, Xiamen [Name] Middle School, shall compensate the plaintiff, Chen, for all losses totaling 12.6 ten thousand yuan within ten days of the judgment taking effect. The defendant shall bear all litigation costs and judicial appraisal fees for this case.

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