Student Injured on Swing in Zhubei Seeks 810,000 NTD Compensation; Court Rules School Not Liable

(CNA Reporter Hsieh Chin-lin, Taipei, June 30) A first-grade student at Xinshe Elementary School in Zhubei City, Hsinchu County, suffered a fracture after falling from a swing four years ago. The student's parents accused the school of negligence and sued for over 810,000 NTD in damages. The first trial ruled against the parents, and the second trial today dismissed the appeal, confirming the school is not liable for compensation.

According to news materials from the Taiwan High Court's second trial, the student's parents claimed that on April 15, 2022, their child was playing on a nest swing with classmates at school. Due to the school's deficiencies in the installation and management of the swing, the student was hit and fell heavily to the ground, sustaining a closed fracture of the left femoral shaft. They therefore requested the school to pay 711,178 NTD for medical expenses and 100,000 NTD for parental emotional distress, in accordance with the National Compensation Act.

After reviewing the case, the collegiate bench determined that the accident was caused by the student holding onto the swing's rope and not letting go. According to news materials, the student was using the rope on the left side of the swing to push and pull, causing the classmate sitting on the swing to sway back and forth. Subsequently, the student and another student vied for the rope. As the swing swung forward again, the student tightly gripped the rope, causing their body to be pulled and fall, and they were injured by the backward-swinging swing.

Regarding the parents' claim that the school failed to fulfill its duty of care as stipulated in the manual and regulations, was negligent in its duties, and had deficiencies in the installation and management of the swing, thus bearing national compensation liability, the collegiate bench found no grounds for these claims.

News materials indicate that the swing was inspected and certified as compliant with national standards by a playground inspection company commissioned by the school, and there were no deficiencies in its installation. The school also posted announcements on the swing's support posts regarding the number of users and weight limits. Furthermore, a notice about the precautions for using the playground was posted on the wall opposite the swing, serving as a warning sign in an appropriate location outside the swing's required motion space.

According to news materials, the school also conducted practical training during physical education classes, promoted safety at parent-teacher meetings and teacher morning assemblies, and conducted an online live broadcast from the school library on April 13, 2022, to educate students on the safe use of campus facilities. The school had instructed students on how to use swings correctly and avoid injuries.

In addition, the school selected senior students to form a patrol team to assist school supervisors in patrolling the campus, urging or advising students to comply with the regulations for using school facilities. There were also management personnel for the children's playground facilities who conducted regular inspections according to a self-inspection checklist. The school's actions complied with the manual and regulations, and there was no negligence in duty by any of its personnel. The school's management of the swing also had no deficiencies. Therefore, the appeal was dismissed, and the case is now final. (Editor: Lin Shu-hui) 1150630

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