According to reports (reporter: Sun Siya), after breaking his front tooth during a class break, student Xiao Gang filed a lawsuit against the No. 3 Affiliated Middle School of Beijing Normal University and his classmate Xiao Qiang. Yesterday, it was reported that the court of the First Intermediate People's Court ruled that the school and Xiao Qiang should compensate for emotional distress.
Xiao Gang is 14 years old. His parents said that at around 10 o'clock on the morning of October 6, 2008, Xiao Gang was playing in the classroom of the No. 3 Affiliated Middle School of Beijing Normal University when Xiao Qiang, who is one year older than him, pushed him down, causing him to fall and break two front teeth. After the incident, Xiao Qiang threatened Xiao Gang not to tell the teacher or parents, which delayed the best treatment time.
Xiao Gang's parents believed that the school supervision was not strict enough, and the management was not in place. The surveillance equipment installed in the classroom did not play its role. In addition, the school retaliated against Xiao Gang, not allowing other classmates to play with him, causing great pressure on Xiao Gang, making him unable to attend school and forcing him to take private lessons at home, resulting in huge expenses. Therefore, they demanded that the school compensate 220,000 yuan for tutoring fees, and required Xiao Qiang and the school to compensate for medical expenses and subsequent costs for treating the teeth, as well as compensation for mental harm.
Xiao Qiang's father expressed willingness to pay the medical expenses, but he claimed that the main responsibility lies with Xiao Gang, as Xiao Gang provoked Xiao Qiang first, leading to a scuffle where Xiao Gang broke his teeth. Xiao Qiang never threatened Xiao Gang. He saw that Xiao Gang could eat normally after rinsing his mouth, so he thought Xiao Gang was fine and didn't pay attention to him anymore. Upon learning about the incident, he paid 450 yuan for medical expenses at the school the next day. Xiao Qiang also apologized to Xiao Gang in front of the entire class.
The school, however, refused to compensate, stating that Xiao Gang and Xiao Qiang were playing a game called "Monkeys Picking Peaches" during the break, and Xiao Gang fell and injured his teeth while playing. Xiao Gang's parents informed the homeroom teacher after school that day, and the teacher immediately had Xiao Gang go see a doctor without delay. The school stated that they placed great importance on safety education and management. The student handbook clearly outlines the school's rules and regulations, and the school has established mechanisms for dealing with emergencies. Teachers always emphasize the need for students to pay attention to safety. Additionally, the surveillance equipment is used for exam monitoring and is not turned on regularly. The school did not put any pressure on Xiao Gang and would not retaliate against a child.
The court pointed out that Xiao Gang and Xiao Qiang's descriptions of the cause of the incident contradicted each other. At the time, it was during the break, and there was no teacher present. Other classmates' descriptions were also insufficient to prove the details of the incident. However, since both are minors and Xiao Qiang is older, and given that Xiao Gang indeed injured his teeth, Xiao Qiang should bear 60% of the responsibility and compensate with 1800 yuan for emotional distress.
As for the school, the court pointed out that although the incident occurred during the break, it happened in the classroom, and the school has a duty to ensure safety. Therefore, the school should bear 30% of the responsibility and compensate with 900 yuan for emotional distress.
The court also pointed out that since Xiao Gang did not submit relevant evidence for medical expenses, he can claim compensation after settling the medical expenses with the receipts. As for the tutoring fees, they are not related to the tooth injury, and Xiao Gang cannot prove that the school engaged in retaliatory actions. Therefore, the court rejected the request for 220,000 yuan in tutoring fees.
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