[Direct answer]In the Beijing area, if students are injured during study tours, the responsible parties are usually the schools organizing the activities and the institutions providing the study tours. Whether the two parties should bear responsibility depends on whether they have fulfilled their obligations of safety education, on-site organization, personnel supervision, and emergency assistance that are appropriate to the risks of the activities. According to Article 119 of the Civil Code of the People's Republic of China (effective January 1, 2021), operators and managers who fail to fulfill their safety protection obligations and cause damage shall bear responsibility; Article 120 stipulates that if a person with limited capacity for civil conduct is injured at schools or other places, and the institutions fail to fulfill their duties, they shall bear responsibility. If the school or institution's management is negligent, the allocation of resources is insufficient, or the rescue is delayed and causes harm, they shall be compensated according to law. It is recommended that parents fix the activity plan, on-site images, and medical records, and claim compensation after distinguishing the responsibilities of the school and the institution. For more details, please refer to the following link:Personal injury and medical dispute services.

I. Problem Background and Typical Scenarios

Study tours combine outdoor activities, visits, and experiential learning, and carry higher risks than those within school premises. Typical scenarios include: injuries caused by vehicular accidents; falls due to overcrowding or hidden safety hazards during visits; fractures resulting from inadequate protective measures during outdoor activities; accidents involving lost or unauthorized departures of students; and delays in emergency response and timely medical treatment by accompanying staff after injuries occur. Many schools entrust third-party study tour agencies to implement these activities, which easily leads to blurred responsibilities. Many parents mistakenly believe that they bear all risks themselves after signing the "activity notice". For cases involving vehicle usage and travel agency responsibilities, appropriate measures can be taken in conjunction with relevant parties.Labor arbitration and work-related injury compensation servicesAnalogy of employment protection.

II. Key points of contention

There are three key points of contention. Firstly, the division of responsibilities: schools and study tour agencies should bear responsibilities based on the agency relationship and fault respectively, and schools should assume supervisory responsibilities for the selection and management of agencies. Secondly, the effectiveness of risk disclosure: the "risk disclosure letter" signed by parents does not necessarily exempt agencies from their statutory safety obligations. Thirdly, the proportion of causality and fault: whether the harm stems from traffic accidents, facility defects, or supervision failures determines the respective responsibilities of all parties. For the interpretation of agency service contracts, reference can be made to relevant legal provisions.Business and contract dispute services for enterprises.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling infringement cases involving study tours and off-campus activities, the key to determining liability lies in whether the organizer pays attention to safety details. According to Articles 1198 and 1200 of the Civil Code, schools and study tour agencies are obligated to ensure the safety and provide educational management for the activities they organize, and this obligation cannot be completely transferred through outsourcing. Hengluo Lawyers usually recommend the following: retaining the study tour plan, pre-trip notifications, and team member lists; retrieving vehicle and venue surveillance footage; documenting injury situations and timelines of medical treatment; when negotiating, claim compensation based on the school's chosen supervisory responsibility and the agency's direct management responsibility respectively; and, if necessary, add the actual infringer as a co-defendant. For cases involving multiple parties seeking compensation, it is possible to proceed with follow-up litigation.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 1198 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Duty of Safety Assurance), Article 1200 (Liability of Educational Institutions), Article 1191 (Liability of Employers), and Article 1179 (Scope of Compensation). Practical suggestions: Keep the notice and the entrustment agreement when registering; fix the monitoring footage, activity plans, and medical records after the incident; clarify the proportion of faults between the school and the institution; if no agreement is reached, file a lawsuit within the statute of limitations; and claim reasonable losses such as medical treatment and nursing care. For more procedural details, please refer to the following documents:Special services and other case services.

5. Henglu Law Firm's Advice

When injured during a study tour, first seek medical treatment and then collect evidence. Don't be misled by the "Notice of Liability" into believing that there's no way to hold anyone accountable. The key is to prove that the organizer "failed to provide adequate protection" and "neglected supervision duties". It is recommended to organize the activity plan, staffing arrangements, on-site management, and the timeline of sending the injured to the hospital. If necessary, hire a lawyer to seal the evidence and conduct a disability assessment. When seeking justice, claim compensation based on the proportion of fault of all parties involved and make rational demands. For assistance, please visitThe official website of Beijing Henglu Law FirmConsultation.

VI. Frequently Asked Questions

Q1: If a student is injured during a study tour, who should compensate them—the school or the study tour agency?

Both parties may be held liable, and the responsibility will be determined according to their respective faults. The school, as the organizer, is responsible for education, management, and supervision of the study tour activities; the study tour agency, as the actual executor, is responsible for on-site safety and direct management. According to Articles 1198 and 1200 of the Civil Code, if the parties fail to fulfill their corresponding obligations and there is a causal relationship with the harm, they shall bear compensation. In practice, the agency often bears the responsibility for direct management, and the school bears the responsibility for supervision and selection. Parents can list both parties as co-defendants, and the court will divide the shares. The risk notification signed by parents does not necessarily exempt them from their statutory obligation to ensure safety, and they can still claim compensation according to the law.

Q2: If you get injured during a study tour and want to seek legal redress, what evidence do you need to prepare?

The core evidence includes: the study tour commissioning agreement and the pre-trip notification letter (proving the obligations of all parties), the activity plan and the list of accompanying personnel (proving the organization and matching arrangements), on-site monitoring and photos (proving potential hazards or management omissions), vehicle and venue information (when involving third parties), medical records and receipts (proving injury-related expenses), and parental communication records. The evidence revolves around "activity risks - the organizer's due obligations - actual non-performance - causation of harm". It is easy to cover up monitoring and driving records, so it is recommended to request to seal and copy them on the day of the incident.

Q3: How much will it cost in attorney's fees and litigation expenses to sue the parties involved in the study tour?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of compensation claimed, and shall be borne by the losing party or shared proportionally; personal injury shall be calculated based on losses such as medical treatment and nursing care. Lawyer's fees shall be charged on a lump-sum basis or on a proportional basis, depending on the complexity of the case, the number of defendants, and the amount of the claim, and the specific charges shall be subject to the contract of entrustment. There is no uniform standard. If multiple defendants are added or disability is involved, the workload and costs will increase accordingly. It is recommended to calculate the losses that can be claimed before suing, compare them with the costs, and make reasonable adjustments to the requests if the evidence is weak.

Q4: How long does it usually take to file a lawsuit for compensation for injuries sustained during a study tour?

The first-instance ordinary procedure will be concluded within six months and the simplified procedure within three months; if a disability assessment or the identification of the third-party liability is required, the period will be extended, and complex cases may take several months to a year. If the defendant appeals, the second-instance procedure will generally take three months. After the judgment takes effect, if the party applying for enforcement performs the enforcement, it will also require compulsory enforcement. Overall, it often takes several months from filing a lawsuit to obtaining compensation. It is recommended to apply for property preservation in the litigation process and seize the accounts of schools or institutions to prevent the responsible party from transferring assets and enhance the guarantee of recovering the money.

Q5: If a child gets injured during a study tour, what should parents do first?

There are four steps to follow: First, immediately send the patient to the hospital and keep all medical records, examination reports, and receipts intact; Second, request the organizer to seal the surveillance footage of the incident period and take photos to document the scene and facilities; Third, collect the study tour agreements, notifications, activity plans, and team lists to clarify the obligations of all parties; Fourth, organize the materials and negotiate with the school and the organization. If no agreement is reached, file a lawsuit within the statute of limitations, apply for a disability or causality assessment as needed, and list the school and the organization as co-defendants. Throughout the process, keep all communication records and, if necessary, engage a lawyer to ensure that evidence collection and legal claims proceed simultaneously.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.