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Assuming liability

Updated : 2015-06-10

Liability of personal injury sustained by minors in a kindergarten, school or any other educational institution

According to the provisions of Tort Liability Law, for personal injury sustained by a person without the capacity of civil conduct during the period of studying or living in a kindergarten, school or any other educational institution, the kindergarten, school or other educational institution shall be liable unless it can prove that it has fulfilled its duties of education and management. For personal injury sustained by a person with limited capacity of civil conduct during the period of studying or living in a school or any other educational institution, the school or other educational institution shall be liable if it fails to fulfill its duties of education and management. For personal injury sustained by a person without the capacity of civil conduct or with limited capacity of civil conduct during the period of studying or living in a kindergarten, a school or any other educational institution, caused by any person other than those of the kindergarten, school or other education institution, the person causing the harm shall bear tort liability; and the kindergarten, school or other educational institution shall bear the corresponding complementary liability if it fails to fulfill its duties of management.

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