Russia (bbabo.net), - The Vologda City Court considered the lawsuit of a schoolgirl's mother against a classmate's parents. The girl fell because of the boy. For this, the parents of a classmate will pay compensation for non-pecuniary damage, and the school will also have to fork out.
According to the joint press service of the courts of the Vologda region, the emergency itself occurred on March 30 last year. An 11-year-old girl went to the blackboard, and when she returned to her place, a classmate who was sitting at the same desk with her decided to joke.
He pulled out a chair from under the girl, the student fell, and unsuccessfully, hit her head on the desk.
The boy, apparently, did not immediately understand that the joke had failed, and began to insult the girl, who was already crying from pain.
The teacher called an ambulance. The girl was hospitalized, it turned out that she had a traumatic brain injury. Subsequently, the forensic medical examination qualified the injuries sustained by the girl as minor bodily harm.
Parents began to understand. They did not limit themselves to talking with the class teacher or the boy's parents. Mom sued the family of the offenders and demanded 100,000 rubles in compensation for non-pecuniary damage from them. The emergency happened at a school, and, as you know, during the period when children are in an educational institution, it is its employees who are responsible for what is happening. Therefore, the administration of the school also became a co-defendant in the lawsuit, from which the mother demanded another 100 thousand rubles. The litigation lasted almost a year.
As a result, the Vologda City Court decided that the girl's mother was right. True, he reduced the amount of compensation for non-pecuniary damage "taking into account the principles of reasonableness and justice." In total: 15,000 rubles must be recovered from the boy's parents, and 1,000 from the school administration.
This story is one of many. School quarrels increasingly go beyond educational institutions.
- Parents have the right to file a claim for compensation for material and moral damage to the child, not only from the parents of another child, but also from the school. For many, this is a matter of principle, - says Victoria Shakina, chairman of the YurCity Bar Association.
True, the expert draws attention to the fact that such lawsuits do not have a great judicial prospect, primarily because of court costs.
- An examination to assess the harm caused to health costs from 30 thousand rubles, and the services of a lawyer in such cases - from 100 thousand. These costs must be borne by the plaintiff who initiates the proceedings, and only if the case is won, part of the costs can be recovered from the defendant. At the same time, usually with a positive outcome of the case, the court awards small amounts to the plaintiffs: compensation for moral damage rarely amounts to more than 30-50 thousand rubles, Shakina clarifies.
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