First, 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 liability for tort; However, those who can prove that they have fulfilled their educational and management responsibilities will not be liable for infringement.
Secondly, 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 and administrative duties, he shall bear liability for tort.
Thirdly, if a person without or 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 or life in a kindergarten, school or other educational institution, the third person shall bear the liability for tort; If kindergartens, schools or other educational institutions fail to fulfill their management responsibilities, they shall assume corresponding supplementary responsibilities.
Finally, kindergartens, schools or other institutions of education may claim compensation from the third party after assuming the supplementary responsibility.
[Legal Basis]
Article 1199 of the Civil Code of the People's Republic of China, if a person without civil capacity suffers personal injury during his study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear the liability for tort; However, those who can prove that they have fulfilled their educational and management responsibilities will not be liable for infringement.
