It is extremely important to know that all private primary and secondary educational establishments in the country must contract a Civil Liability insurance as indicated by Law 24,830, and Art. 1,767 of the Civil and Commercial Code of the Nation.
In this sense, the owners of such establishments will be responsible for the damages caused or suffered by their minor students, when they are under the control of the educational authority, unless they prove the fortuitous event.
Here it is important to note that the modification of the new Civil and Commercial Code does not include the State in this obligation (Arts. 1,764, 1,765, and 1,766 of the CCCN).
Now, this insurance complies with its adequate coverage when the events that occurred are a direct consequence of the educational activity provided by the establishment, this means while the students are under the authority, both inside and outside the building itself.
On the other hand, it should be noted that the aforementioned norm does not apply to centers that provide higher or university education.
In principle, neither teachers nor school directors are responsible for the damages suffered or caused by the minors in their charge, unless their participation in the event that caused them is proven.
Likewise, it should be taken into account that an educational establishment, being registered as such, should take out Comprehensive Commerce insurance, under the name of “Educational establishment”, which may include the following items in its coverage:
Damage suffered by students as a result of the food supply, damage from fire, lightning, explosion, electric shock and gas leaks, damage caused by animals and use of firearms by qualified security personnel, damage caused for the use of elevators, falling posters, signs, antennas or similar objects, or damage caused by boilers or the use of swimming pools, children’s games, or the practice of sports and even the completion of internships outside the educational institution . Provided that these activities are supervised by personnel of the educational institution.
In addition to this, it is of vital interest to have ART policies, together with Personal Accident coverage, with which the coverage would be completed with a specified amount for death, disability and AMF (Pharmaceutical Medical Assistance).
Finally, another point to take into account is professional support, since the Insurance Advisory Producer is the ideal person within the insurance market, to offer help and optimally inform the insured.
It is always advisable to have a reliable PAS. It is a council of Apas Córdoba.
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