Legal Analysis Of Disposing Student Sports Injury Accidents

Student sports injury means personal injury or death when students of university, middle school ,primary school and children in the kindergartens, nursery schools or organizations participate in sports. , but the school should bear civil liability for consequential accident.The nature of the relationship between school and students is educational legal relationship. School bear civil liability for personal injuries and damage caused by others on the basis that schools in accordance with the "Education Law" have the obligations of education management and protection of rights .Not entirely schools shall bear civil liability, only when they have mistakes .The student sports injury accident turns over to the responsibility principle. The judgment standard is objective standard. Namely, we use some objective standards to measure the behavior of people to see if he is mistake. In order to protect the society interest, I think the principle of fairness is not applicable to this type of accident, it should be replaced by the principle of risk to be borne. This is a common principle in sport.Sports injury accidents can be divided into schools and accidents. School accident, is due to fault of the school and its staff, in breach of laws and regulations and relevant regulations, lack of education, management and protection responsibilities, causing students to sports injuries, and sports injuries or other incidents of students, but the school should assume liability for damage.Accidents in the schools include students and their legal representatives and a third person responsibility. Non-school accidents means sports injuries that although the students during physical education and school sports or activities related to teaching activities, but not because of the school's fault, but by the students and their guardians, and the third person is at fault, they should bear the responsibility for the accident. This non-school can be divided into two accidents. First, the students and their guardians are responsible for the accident. Second, a third person is responsible for the accident. Under certain conditions, even though there is personal injury accident, schools do not bear the burden of compensation, this is the school's responsibility to remove. There are two aspects of the subject, accident and others. Under accidents, according to its own ability to unforeseen, unavoidable and insurmountable circumstances, the school is not liable for the accident. For non-school responsibilities for other reasons, the school management is not within the terms of reference of sports injuries of students, schools do not have to take responsibility for the situation.For school issues of liability, consideration should be given to the principles: First, school itself should be responsible for the accident, other responsible people also have the responsibility Secondly, the students and his legal representative (or a dependent student living expenses) bears the responsibility. If the students have been insured, do as the agreed terms of dealing with insurance contracts.Sports injury liability is personal injury compensation, in accordance with the provisions of tort law. The main items are: compensation for medical expenses, nutritional costs, and care services, transportation costs, equipment costs of disability, death, funeral grants.