Analyzing the Basis of Civil Liability Caused by Sports Accidents during Sports Operations; Fault, Strict Liability or the Assumption of Fault!
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 12 No. 37 (1401),
20 June 2022
,
Page 1-14
https://doi.org/10.22037/bioeth.v12i37.39141
Abstract
Background and Aim: Sports accidents during sports operations constitute a major part of sports-related damages and in this respect, explaining the rules of civil liability and identifying the responsible parties for the accident in order to support the victims and compensate for the damages is very important. In this article, the basics of civil liability caused by sports accidents during sports operations were discussed.
Methods: This research is a theoretical research in terms of type and also it has been carried out in a descriptive-analytical way using the method of legal discussion (logical-argumentative).
Ethical Considerations: In the present research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.
Results: The results of the investigation showed that the direct responsibility of athletes and other perpetrators of harmful acts during sports operations are basically based on fault and the detection of fault is also based on the rules of each field and regulations, contracts, domestic and international standards and professional custom. However, in cases such as responsibility caused by another act in sports accidents, due to the controlling and supervisory position of individuals (managers, coaches and sports officials), the basis of liability is the assumption of fault; in such a way that a person must prove compliance with all aspects of caution and legal duties to be acquitted of responsibility.
Conclusion: In general, it is not possible to determine an absolute basis for civil liability arising from sports accidents, because different components such as the nature of sports practice, the position of a person in sports operations and the contractual or non-contractual basis of responsibility, can be effective in the analysis of the basis of responsibility and especially the task of proving fault or non-fault.
Please cite this article as:
Arastoee M, Babaei D, Ekrami R. Analyzing the Basis of Civil Liability Caused by Sports Accidents during Sports Operations; Fault, Strict Liability or the Assumption of Fault!. Akhlaq-i zisti, i.e., Bioethics Journal. 2022; 12(37): e42.
- Sports Injuries; Civil Liability; Theory of Risk; Fault; Presumption of Fault
How to Cite
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