2012•Wuhan Ti-Yuan xuebaoRequires access

Tort and Compensation Liability of Sports Injury Cases——A Case of Swimming Injury

Gu Dexiang

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Abstract

The sports injuries occur and the parties concerned usually resort to the law suit because they disagree to the compensations.Currently,there is no universal criteria for this kind of case,which causes great differences in between various cases.In this paper,whether there exists tort liability caused by the behavior of inflictor,whether the inflictor should undertake the Liability to pay compensation,and the covering of compensation through a case of swimming injury were analyzed.The conclusions are there is no tort liability if the inflictor acts properly in the course of case.The responsibility of compensation should depend on the character of sports,the degree of injury and the economic conditions of both parties.The inflictor whose behavior is proper should not compensate too much.And the development of sports insurance should be sped up to give more economic support for the victims.

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What this paper is about

The sports injuries occur and the parties concerned usually resort to the law suit because they disagree to the compensations.Currently,there is no universal criteria for this kind of case,which causes great differences in between various cases.In this paper,whether there exists tort liability caused by the behavior of inflictor,whether the inflictor should undertake the Liability to pay compensation,and the covering of compensation through a case of swimming injury were analyzed.The conclusions are there is no tort liability if the inflictor acts properly in the course of case.The responsibility of compensation should depend on the character of sports,the degree of injury and the economic conditions of both parties.The inflictor whose behavior is proper should not compensate too much.And the development of sports insurance should be sped up to give more economic support for the victims.

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Available abstract

The sports injuries occur and the parties concerned usually resort to the law suit because they disagree to the compensations.Currently,there is no universal criteria for this kind of case,which causes great differences in between various cases.In this paper,whether there exists tort liability caused by the behavior of inflictor,whether the inflictor should undertake the Liability to pay compensation,and the covering of compensation through a case of swimming injury were analyzed.The conclusions are there is no tort liability if the inflictor acts properly in the course of case.The responsibility of compensation should depend on the character of sports,the degree of injury and the economic conditions of both parties.The inflictor whose behavior is proper should not compensate too much.And the development of sports insurance should be sped up to give more economic support for the victims.

Key concepts: Tort, Compensation (psychology), Liability, Personal injury, Business, Strict liability, Sports injury, Tort reform

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