The court held that the perpetrator should bear the tort liability if he infringes the civil rights and interests of others due to his fault
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Xu Yirui waited for his mother, Li Jie, who was teaching at the same school, to go home after work according to his usual work and rest habits
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According to medical inference, the direct cause of death was sudden cardiac death
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The death investigation record stated that the patient had a “loss of consciousness for 15 minutes” and called 120 for emergency rescue for 3 hours and 10 minutes
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After the second trial and retrial, the appeal was rejected and the original judgment was upheld
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Xu Yirui was a student of Yantai No.10 middle school
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Source: China’s official account number of the official document.
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The accident was an accident, and neither the plaintiff nor the defendant could foresee it, so the plaintiff asked the defendant The evidence of bearing tort liability and compensating for economic losses is insufficient, and the reason is improper, so this court will not support it
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The patient’s family members asked to give up the rescue, and the ECG prompted total cardiac arrest and declared death
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After the plaintiff filed a lawsuit, the defendant, as the management and education Party, neither carried out safety education when notifying the physical fitness test, nor took corresponding measures in time in case of an accident
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It was obvious that there was education and management fault, and should bear the corresponding liability for compensation
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The school had no obligation to manage him
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If a person with limited capacity for civil conduct suffers personal injury while studying or living in a school or other educational institution, and the school or other educational institution fails to fulfill its educational and administrative duties, it shall bear the responsibility
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The defendant Yantai No.10 middle school applied to be ordered to compensate the plaintiff 31787 yuan for funeral expenses, 680240 yuan for death compensation and 20000 yuan for spiritual solace, totaling 732021 yuan, and bear the litigation costs
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Xu Yirui asked his classmates to run after school, which was spontaneous and not organized by the school
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After school in the afternoon, Xu Yirui fainted while running on the school playground with a female classmate, and died after being rescued by Yantai Mountain hospital
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According to the provisions of Article 6 and Article 39 of the tort liability law of the people’s Republic of China, the defendant Yantai No.10 middle school of Shandong Province is sentenced to compensate the plaintiff Xu Changjiang and Li Jie 30000 yuan within 10 days from the effective date of this judgment, and other claims of the plaintiff Xu Changjiang and Li Jie are rejected
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The defendant was not at fault for the accident, and was rescued by trained personnel at the first time after the accident, fulfilling his obligations
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The case was appealed by the plaintiff
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Before, his parents and the school did not find that he had any physical problems
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On May 30, 2016, the school informed the students to take physical fitness test next week and asked them to exercise in advance
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Xu Yirui, the daughter of the plaintiff, died suddenly after running on the playground after school
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The medical certificate of death (inference) issued by the hospital diagnosed that the direct cause of death was sudden cardiac death
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The patient’s breathing and heartbeat did not recover
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The defendant voluntarily compensated the plaintiff 30000 yuan, which was approved by the court
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