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Circumstances where school does not bear responsibility in accidents injuring students

english.legalinfo.gov.cn| Updated : Jan 13, 2021 L M S

In accordance with the provisions of the relevant Chinese laws, in case of a student injury accident caused by any of the following situations, if the school has performed the corresponding duties and the performance is proper, it shall bear no legal responsibilities:

(1) Irresistible natural factors such as earthquake, lightning strike, typhoon or flood, etc.;

(2) Sudden or incidental injury from outside of the school;

(3) The school doesn't know or it's difficult to know that the student has special physique, certain disease or abnormal mental conditions;

(4) The student suicides or hurts himself;

(5) Injury accidents happening in antagonistic or dangerous sport games;

(6) Other accidental factors.

In case of an accident resulted in personal injury of a student in any of the following situations, if the school acts properly, it shall not bear responsibilities for the accident; and the responsibilities shall be determined in accordance with the relevant laws, regulations and other relevant provisions:

(1) Any accident occurring on the way of the student to the school, back from the school, returning to the school in vacations or leaving the school by himself/herself;

(2) Any accident occurring when the student goes out by himself/herself or leaves the school without permission;

(3) Any accident occurring when the student stays in or goes to the school by himself/herself after school, on holidays or vacations other than work time of the school;

(4) Other accidents occurring beyond the administrative duties of the school.

Where any personal injury of a student is caused due to the personal act of any teacher or other staff member of the school that is unrelated to his/her duties, or due to the illegal or criminal act intentionally committed by any student, teacher or other individual, the person inflicting the injury shall bear the corresponding responsibilities.