Article 39 of the Tort Liability Law stipulates that if a person with limited capacity for civil conduct suffers personal injury during his study and life in a school or other educational institution, the school or other educational institution shall bear the responsibility if it fails to fulfill its educational management duties. Article 40 stipulates that if a person with no capacity for civil conduct or a person with limited capacity for civil conduct suffers personal injury from others during his study and life in a kindergarten, school or other educational institution, the infringer shall bear the tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. It can be seen that the responsibility of the school is based on fault.
On Sunday, students were injured while swinging at school. Whether the school is responsible depends mainly on whether there is any fault in this matter. For example, whether the school has carried out regular safety education for students, whether it has publicized the safe use of swings to students, and whether it has fulfilled its obligation to maintain the safety of venues.