Taiwanese school not liable for student's swing accident, court rules

A young student's fractured femur, sustained in 2022 while playing on a school swing in Hsinchu County, Taiwan, has concluded with a court ruling against the parents' claim for national compensation. The family sought over NT$710,000, arguing the school failed to provide adequate supervision, warning signs, and proper safety checks for the playground equipment.

The parents contended that the school did not follow safety guidelines, leading to their son's injury. They claimed the boy was pushed by a classmate while standing near the swing and subsequently fell, breaking his left femur. The compensation claim included medical expenses, transportation costs, nursing care, and emotional distress for the child and parents.

However, the Hsinchu District Court found no negligence on the school's part. Evidence showed the swing equipment had passed inspections, and safety instructions, including limits on users and weight, were posted. The court noted the school had also educated students on safe play, such as holding onto the swing ropes with both hands and only allowing gentle pushes from others.

On appeal, the High Court upheld the initial ruling. The court determined the primary cause of the accident was the child's persistent grip on the swing's rope as it moved forward, causing him to fall and be struck by the returning swing. The court also affirmed the school's safety protocols, including regular inspections, supervision by older students, and ongoing safety education, met the required standards. Consequently, the school was absolved of liability, and the case was finalized with the parents' appeal dismissed.