Suzhou citizens were injured on campus. Why was the school awarded compensation?

In July, 2065438+June, Suzhou citizen Ma was kicked in the left abdomen by Zhu, who was playing football nearby, while running in a university playground not far from home. Results The spleen of the horse was ruptured, which was identified by the judiciary as grade 8 disability. Ma sued Zhu and the school for this. Recently, the People's Court of huqiu district, Suzhou made a judgment, ruling that the hitter Zhu should bear 60% of the responsibility and compensate 6.5438+0.7 million yuan; The school is responsible for 20% and the compensation is nearly 60,000 yuan. As soon as the news came out, it immediately caused controversy on the Internet. Many netizens complained about the school: Is this judgment reasonable? Which school playground will dare to open to the public in the future? On February 26th, the reporter of Modern Express went to the scene to find out the situation and called Li Ni, a lawyer of Jiangsu Lee Tae Law Firm. He said that the school can recover from the attacker after taking responsibility.

Citizens were injured while running in the university, and the school was sentenced to bear the responsibility.

One evening in July, 2065438+2006, Suzhou citizen Ma, who was nearly sixty years old, came to a university playground not far from home for running as usual. Just in the red clay area in the runway near him, several young people are playing football. Suddenly, a young man (Zhu) ran back to the horse to catch the ball, and his right elbow hit the horse in the left abdomen. After hospital diagnosis, the horse was diagnosed with spleen rupture. That night, Ma underwent splenectomy. After judicial appraisal, the horse constitutes an eight-level disability.

After leaving the hospital, Ma sued Zhu and the above-mentioned universities to the court, demanding compensation of nearly 300,000 yuan.

Recently, the Huqiu Court in Suzhou held that the hitter was responsible for 60% and compensated 6.5438+0.7 million yuan, the school was responsible for 20% and compensated nearly 60,000 yuan, and Ma was responsible for 20%.

Netizens cried foul for the school and worried that the school would not dare to open the playground again.

"The school playground is open to the outside world, but it has caused a lawsuit. If it is not open to the outside world, he doesn't even have a place to run. " After the matter was reported by the media, it caused a lot of netizens to discuss it hotly, such as the netizen "Fat Cinderella" who "cried injustice" for the school. Netizen "Shaping" said, "The school has done a good job, but it still has to pay the price." Some netizens can't help but ask, "Is this judgment reasonable? Which school will dare to open a playground in the future? "

A teacher at the school who did not want to be named also said, "It really feels a bit' unfair' when such a thing happens." However, he believes that the injury is an "accident" and the school will not close the playground.

The reporter of Modern Express found that such a thing is not a case. In some areas, some schools have opened the playground, but because of "trouble", they closed the playground again.

Judge: There are no warning signs in the school, and misconduct has not been stopped.

On the afternoon of February 26th, the reporter of Modern Express came to the school involved. I saw that the playground was surrounded by an oval runway with a rectangular green space inside. At both ends of the ellipse, the red soil area connects the green space and the runway. As school hasn't started yet, there are few people exercising on the playground.

The reporter consulted the relevant legal documents and learned that the accident occurred during the summer vacation of 20 16. After paying the fee (18 yuan/person/time), Zhu entered the playground to play football with his companions, but because the green space was occupied by others, he practiced and played games with his companions in the red soil area. The horse entered the playground for free. The universities involved have a clear stipulation: the venue remains dedicated.

Zhu, president of the First People's Court of Huqiu City, who undertook the case, pointed out in legal documents that football is an antagonistic sport with fast speed, fierce competition and high requirements for venues. Zhu should know this, but he still plays in the red clay area closely connected with the runway. At the time of the incident, it was the evening of summer vacation, and there were many people exercising and relaxing on the runway, which increased the risk of accidents. Moreover, he quickly moved away from the runway in the process of catching the ball and turned around quickly after catching the ball, without considering the risk of people who might hit the runway, so there was an obvious fault in the accident and he should bear the main responsibility.

At the same time, as the manager of the playground, there is nothing wrong with the university involved to open the campus sports facilities to the public in accordance with state regulations, and it is understandable to charge fees appropriately. However, the red soil area is not a green field and cannot be used as a football field. However, it did not set warning signs and warning words in a conspicuous place, and did not correct and stop Zhu and others' misconduct. Therefore, it was also at fault for the accident and should bear secondary responsibility.

In addition, as an adult, Ma should be able to predict the potential dangers of the surrounding environment, so there is a certain fault in the accident and he should bear certain responsibilities.

Based on various factors, the court made the above judgment.

Lawyer: The school can claim compensation from a third party.

On the verdict of this case, the reporter of Modern Express called Li Ni, a lawyer of Jiangsu Lee Tae Law Firm. He said that schools, as managers of public places, are obligors of public safety. Both football players and runners are invisibly under the management of the school and enjoy the safety protection of the school. Schools should fulfill the responsibility of compensation for safety. According to Article 6 of the Tort Liability Law, "if a natural person, legal person or other organization engaged in business activities such as accommodation, catering, entertainment or other social activities fails to fulfill its security obligations within a reasonable range, causing personal injury to others, the people's court shall support it." Although the school does not belong to accommodation, catering, entertainment and other business places, but as a public place of similar nature, there are a large number of people. If the security obligor is at fault because of the infringement of the third party in the school, he shall bear the corresponding supplementary liability for compensation within the scope that he can prevent or stop the damage.

However, Li Ni also pointed out that because the actual infringer is not the school itself, under certain circumstances, after the school assumes the responsibility, it can recover from the third party.

Li Ni said that the judgment also reminds and urges schools and other public places and places where people gather to make corresponding danger warnings, so as to improve personnel and safety management and raise risk awareness. Even if it is open for free, we should put safety first, not only to avoid similar responsibilities, but also to give ordinary people a real and safe exercise environment.