校园伤害案件的避免和应诉技巧

The Analysis for Counterpleaing & Prevention of Person Injury Incidents in School

随着在校学习的未成年学生遭受人身损害案件的频频发生,学校面临学生人身损害赔偿的风险不断增加。本文阐述了学校在不同类型的校园伤害事件中过错确定的几种责任原则(即过错推定责任、过错责任和补充责任)以及学校应当承担的证明义务,归纳了审判实践中常见的过错情形和学校可以采用的抗辩方式,对学生伤害事故中多个过错责任人的追加和责任比例的界定,从而提高学校争取较好诉讼结果的可能性,避免校园伤害事故的发生。

Nowadays, as the underage students suffering more incidents of person injury from school, schools are facing the increasing risk of liability to make compensation. This paper represents several rules to determine the responsibility about incidents, as the responsibility of presumptive fault, the responsibility of fault, the supplementary liability and the proof obligation to the school. In the paper, it concludes the common faults in the trial and the counterpleading ways which can be adopted by school. The measures to add the persons liable and to control the proportion of the responsibility in the incidents are also analyzed by the author. Thus, this paper will be not only helpful to improve the possibility to reach the better ending of lawsuit, but also will avoid and decrease the incidents.