Taiwan High Court Holds School Accountable for Student's Tragic Death

School in Yilan ordered to compensate family for negligence in student's death after unauthorized campus exit.

TAIPEI (Taiwan News) – The Taiwan High Court has issued a ruling holding a junior high school in Yilan responsible for the death of a high-risk student who left campus without authorization. The court found the school negligent in its handling of the student, who later died after a fall.

The court has ordered the school to pay NT$2.64 million (US$87,527) in compensation to the student's family. This ruling is subject to appeal, as reported by CNA.

The case involves a female student, who had a history of self-harm and required close care. The family argued that school counselors failed to provide adequate support, and the principal did not sufficiently oversee counseling and safety protocols.

According to the High Court, in November 2020, the student left her classroom and exited the school grounds without permission. Tragically, she subsequently climbed onto the rooftop of a nearby market and fell to her death.

The school did not become aware of her absence until noon, and she was only found around 2:44 p.m. Despite being rushed to the hospital, she was pronounced dead.

The family argued that the significant delay in discovering the student's absence hindered the possibility of life-saving treatment. They alleged negligence on the part of six school staff members, including the principal, the counseling teacher, and homeroom and subject teachers. The family also claimed the school failed to maintain adequate public safety measures.

The Yilan District Court initially dismissed the case. However, following the family's appeal, the High Court's second trial found the school liable.

While the school is required to compensate the family, the six staff members were exempted from personal liability. The High Court referenced Article 186 of the Civil Code, which limits the liability of public officials performing their duties. The court ruled that the individuals were not personally responsible under general tort provisions.

The court emphasized the school’s failure to adequately monitor the student's safety and attendance. This was deemed a breach of its obligation to carefully manage the welfare of high-risk students under relevant regulations.

The principal had neglected to organize a review meeting to plan counseling, assessment, and crisis management. Furthermore, the school did not inform subject teachers about the student's high-risk status.

On the morning of the incident, subject teachers noticed the student's absence and questioned classmates, but did not take further action to confirm her whereabouts or report her missing. The court determined this oversight contributed to the delayed response.

The court found the junior high school liable for damages under the State Compensation Act. The court also apportioned responsibility equally between the school and the student’s family, attributing 50% of negligence to each party.