A child breaks an arm falling during recess; the parents ask the school for compensation and are told: “it was an accident beyond our control; the school is not liable.” Right or wrong? Under Article 599 of the Civil Code 2015, the laws default answer is: the school must compensate for damage caused by pupils under 15 while directly under the schools management — unless the school proves it was not at fault in its management.
This article analyzes a schools compensation liability for student accidents, together with the child protection framework of the Law on Children 2016.
1. The principle: management responsibility is “transferred” to the school
When parents send a child (under 15) to school, the duty to look after and manage the child is temporarily transferred to the school during school time. Hence Article 599 of the Civil Code 2015 provides:
- Clause 1: where a person under fifteen causes damage while directly under the schools management, the school must compensate for the damage;
- Clause 3: the school is not liable if it proves it was not at fault in management — in that case, the parents or guardian of the child who caused the damage must compensate.
Crucially: the burden of proof lies with the school, not the parents. The school must prove it did everything right in its management — a very heavy burden in practice.
2. When is the school exempt?
A school escapes liability only by proving no fault in management, for example:
- Adequate teacher supervision arranged as required during recess and extracurricular activities;
- Timely intervention as soon as a risk was detected (with records and witnesses);
- Full safety measures implemented: standard-compliant playgrounds, inspected equipment, published rules.
A generic “it was an accident” is not enough — the school must prove its lack of fault with specific evidence.
3. Accidents directly caused by the schools management failures
Some accidents need no recourse to Article 599, because the fault lies directly with the school:
- Dilapidated playgrounds or staircases causing falls; broken sports equipment causing injuries;
- Missing classroom supervision leading to fights and injuries;
- Field trips or outdoor activities organized without safety assurance.
In these cases, the school compensates under the general principles of non-contractual damage liability (fault leads to compensation), and may additionally face administrative sanctions for school safety violations.
4. What does compensation cover?
Under the Civil Code 2015, compensable damage includes:
- Medical costs: examination, treatment, medication, rehabilitation;
- Lost or reduced income of the person directly caring for the injured pupil;
- Mental suffering: the amount agreed by the parties, or decided by the court if no agreement;
- Other reasonable costs (travel, accommodation during treatment, etc.).
5. Age distinctions — a common confusion
- Under 15 (typically primary and lower-secondary): Article 599 applies — the school presumptively compensates while directly managing;
- 15 to under 18 (upper-secondary): Article 586 applies — parents compensate from their own property; the school is liable only for its own separate management fault (e.g. lax supervision).
6. Frequently asked questions
Q: A child falls by themselves while playing, nobody pushed — is the school liable?
A: Article 599 still applies if it happened while the school was managing and the child is under 15. The school is exempt only by proving it had fully implemented management and supervision measures and the accident was beyond prevention.
Q: Can parents claim compensation for mental suffering?
A: Yes. Mental suffering is an independent head of compensation under the Civil Code; the amount is agreed or decided by the court based on the severity.
Q: Does this apply to private schools?
A: Yes. Article 599 applies to every “school” directly managing pupils, whether public or private, domestic or international.
Does your family need legal advice on a student accident case? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.