The Research On Athletes’ Personal Injury Liability Of Competitive Sport

With the development of competitive sports,the fierce and risk are greatly increasing.In order to win,athletes are hard to struggle,ignoring others’ safety.This has result in personal injury among athletes,which will often lead to tort liability.Compared with general tort liability,this tort liability has its own particularity.It will face some legal problems when applying The Tort Law.These problems are mainly related to responsibility identified.responsibility principle,and disclaimer,which can not apply the same standards with general tort liability.Only by solving these problems,won’t there be confusion when applying law.By doing this,it will not only identify the perpetrator’s responsibility accurately,protecting the interests of the victims better,but also makes competitive sports develop on the healthy and orderly track.It is kill two birds with one stone.This thesis,which is based on literature analysis method,Logical analysis method,comparative analysis method,case analysis method,and other research methods,starting from the particularity of the infringement, studies and demonstrates these above issues,and clears the matters needing attention when applying The Tort Law.The first problem is recognized standards of tort liability.The illegality judgement standard of infringer’s behavior is different from that of general infringement.The facts of damage must be very serious.On subjective state, the judgement standard is also quite different.The second problem is responsibility principle.Based on the particularity of subjective state, this kind of tort liability can’t apply one unified responsibility principle.It should combine fault liability,no fault liability,fair liability together.The third problem is disclaimer.The main reason to exempt the perpetrator’s responsibility is Assumption of risk.This principle has not been formally written into The Tort Law, but both in theory and judicial practice,it has been discussed and applicated.Therefore,it’s very urge to incorporate them into The Tort Law.Assumption of risk is not the same as Consent of victim.The latter one can’t be applied to athletes’ personal injury liability of competitive sport.