Injury Liability of the School Sports Facilities when Opening to the Public
Zhu Wen-ying
Abstract
Zhu Wen-ying
Abstract
Along with increasing open-up to public of the school sports facilities,the risk which the schools confronted is growing gradually,including sports injury responsibility.The persons who have injured in the school sports facilities may request compensation based on relevant clauses of The Tort Law of the People's Republic of China.The tort liability caused by the school sports facilities should apply the principle of presumptive fault,and the basis is from the safety-guard duties of the schools or other managers.The responsibility of compensation should be under taken in accordance with the legal constitutive elements,namely damages,causation and can not prove they have not fault.The scope should be limited to personal injury compensation.Meanwhile,the schools or other administers may defend according to tort law to alleviate or exempt their liabilities.Furthermore,in case of claims conjunction,the victim can choose one of the claims to safeguard his rights.
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Along with increasing open-up to public of the school sports facilities,the risk which the schools confronted is growing gradually,including sports injury responsibility.The persons who have injured in the school sports facilities may request compensation based on relevant clauses of The Tort Law of the People's Republic of China.The tort liability caused by the school sports facilities should apply the principle of presumptive fault,and the basis is from the safety-guard duties of the schools or other managers.The responsibility of compensation should be under taken in accordance with the legal constitutive elements,namely damages,causation and can not prove they have not fault.The scope should be limited to personal injury compensation.Meanwhile,the schools or other administers may defend according to tort law to alleviate or exempt their liabilities.Furthermore,in case of claims conjunction,the victim can choose one of the claims to safeguard his rights.
Key concepts: Personal injury, Tort, Liability, Causation, Business, Compensation (psychology), Damages, Scope (computer science)