Research On Tort Liability And Compensation For Casualties In Marathon Events

With the 2014 china field association no longer required cities to hold marathons to pass approval,and because of the marathon for the city’s huge publicity and economic driving role,the country’s cities have held marathons,by 2017 to more than 1000,millions of participants,once became one of the most popular and influential sports events;However,with the increase of the number of events,the occurrence of sudden death has gradually increased,according to Sohu.com,a total of16 sudden death occurred in the marathon registered by the National Association of Fields in 2016,which became one of the sports events with the highest rate of sudden death.Based on this,using the methods of literature,case analysis,logic analysis and normative analysis,combined with typical cases(select five more typical cases)and existing laws,this paper analyzes and studies the legal problems related to tort liability and damages for personal injury and death in marathon.1.The characteristics of personal casualties in marathon events are as follows: sudden,serious consequences and controversial identification of responsibility for the lack of legislation;2.The principle of liability for tort liability for personal casualties in marathons should be applied to the principle of fault liability,and the principle of no-fault liability should not be applied.The principle of presumptive fault may be considered when the organizer has fault and the victim has difficulty in proving evidence,and the application of fair liability should consider the profit situation of the competition party,the family economic situation of the victim,and the consent of both parties,(a)apply,as appropriate,in a humanitarian spirit that takes care of vulnerable groups;3.The exemption from liability for tort of personal casualties in marathon events can be applied to the legal defense of victim fault,accident,force majeure and victim fault in order to reduce the tort liability of the aggrieved party.The exemption clause on personal casualties in marathon contract should be deleted,and the emphasis on the duty of safety care of the organizers and participants should be increased.4.in the case of concurrence between breach of contract and tort liability,the victim can choose a kind of legal liability which is most beneficial to his own interests to make up for the loss caused by casualties as far as possible.5,the compensation for personal injury and injury in marathon events should follow the principles of comprehensive compensation for the victim and the same calculation method of damage compensation in different regions,and can not be treated differently.Because of the seriousness and irrevocability of sudden death,the main way of compensation is to compensate the loss,to compensate the victim and his family,and to consider the damages liability of the infringer by four points: the expectation of the infringer,the fault deduction,the offset of profit and loss,and the humanitarianism,etc.,and the main influencing factors of the liability for damages are as follows: the expectation of the infringer,the deduction of fault,the offset of profit and loss,and the humanitarianism.For injury,disability,death and other three cases of damage compensation items,with the severity of the consequences of casualties,gradually increased.Suggestion:1.The organizers of the event should strengthen the pre-competition physical examination,check and record the entry work,strengthen the security and medical rescue in the competition,and increase the insurance investment for the contestants.2.Participants in the event strengthen their own awareness of safety prevention,physical conditions are not suitable for participating in or continue to participate in the timely withdrawal of the competition,do not impersonate to take part in the competition,can properly purchase personal safety insurance.3.The state government organs should strengthen the qualification examination(including venue,medical security,etc.)for the host cities,put an end to the unqualified cities to hold marathons,and prevent the emergence of safety accidents.