校外实习意外受伤 张同学在职业学校学习运动马驯养与管理，上学期间学校安排他到北京某马术俱乐部实习，结果他被马 踢伤致七级伤残。张同学将实习单位某马术俱乐部、校方某职业技术学院诉至北京市朝阳区人民法院。 近日，朝阳法院依法开庭审理此案，判决某马术俱乐部承担主要责任，某职业技术学院承担次要责任， 分别赔偿张同学的合理损失。 法院经审理认为，本案事故发生在张同学实习期间，其本身的实习内容即为从事对马匹进行广义上的管 理工作，属于对涉案马匹进行控制、管理的人员，张同学并非案涉马匹饲养人、管理人之外的不特定主 体，其作为管理人在对涉案马匹的管理过程中发生了被马踢伤的事实，从饲养动物损害责任的侵权责任 类型分析，张同学并不构成饲养动物损害责任这一类特殊侵权的侵害对象。 对于各方应当承担何种侵权责任，张同学从事的实习工作客观上为某马术俱乐部创造经济利益的同时， 张同学接受某马术俱乐部的监督管理，某马术俱乐部向其支付一定的劳动报酬，双方之间符合劳务关系 特征，故成立劳务关系。本案事故系张同学提供劳务期间受到损害，考虑到学生基于学校的安排到校外 企业实习，既接受实习企业的管理，为实习企业创造经济利益，实习活动也是学校教学内容的 ...

Core Viewpoint - The article discusses the legal implications and responsibilities in labor and service relationships, highlighting the differences in liability and compensation in cases of injury during work, particularly in informal labor arrangements [12][13]. Group 1: Labor and Service Relationships - Labor relationships are governed by strict regulations under labor laws, while service relationships are more flexible and based on civil agreements, suitable for temporary or non-core work [1][12]. - Service relationships often lack formal contracts, leading to potential disputes over responsibilities and compensation in case of injuries [13]. Group 2: Case Studies - Case 1: A caregiver at a nursing home was awarded compensation after slipping on a wet floor, with the nursing home held 90% responsible due to inadequate safety measures [2][3]. - Case 2: A demolition worker fell from a ladder and was found 70% responsible for his injuries due to lack of safety equipment, while the employer was held 30% responsible for not providing safety measures [5][7]. - Case 3: An online food delivery rider sustained injuries during delivery and was awarded compensation, with the platform company held 50% responsible for not ensuring adequate safety measures [9][10]. Group 3: Legal Responsibilities - Both parties in a service relationship have a duty of care regarding safety, with the service provider expected to ensure a safe working environment and the labor provider responsible for their own safety [3][7]. - The court emphasizes the importance of written agreements in service relationships to clarify responsibilities and reduce disputes [13].

Group 1 - The case highlights the challenges faced by university students in securing their labor rights when engaging in part-time work, particularly due to a lack of legal knowledge and experience [1][2] - The local prosecutor's office intervened to facilitate a resolution between the student and the restaurant company, emphasizing the legal obligations of employers to pay for services rendered [2] - The resolution involved a mediation process that resulted in the restaurant company paying the owed wages to the student, demonstrating the effectiveness of legal support in labor disputes [2][3] Group 2 - The Civil Code provides a framework for labor relations, defining the rights and obligations of both labor providers and employers, which can be established through verbal or written contracts [3] - In this case, the existence of a verbal agreement between the student and the restaurant company constituted a labor relationship under the Civil Code, allowing for legal recourse to claim unpaid wages [3] - The case underscores the importance of legal protections for vulnerable groups, such as students, in the labor market, and the role of the prosecutor's office in upholding these rights [2][3]