2009Journal of Capital Institute of Physical EducationRequires access

The Inspiration from Issue of Legal Liability of School Sports Injures in America for China

Han Yong

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Abstract

By case analysis,the author tends to study the issue of the legal liability of school sports injures in U.S.A and disclose its legislative suggestions for China's tort law.It is pointed out that the coaches and teachers have the liability to provide adequate supervision,guidance and training,to provide appropriate and possible medical assistance;that schools and the administrators are responsible for the supervision of athletic activities and for the employment of qualified personnel,the provision of proper medical assistance and safe sports equipment.If the above-mentioned liabilities are not fulfilled,they should bear the responsibility for school sports injuries.To define the liability of school sports injury as a kind of common slip is helpful for maintaining and protecting the social and public interest.The participants and audience of school sports activities may assume the risks that are obvious and foreseeable,but not the risks caused by negligence of duty by schools or related parties.

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By case analysis,the author tends to study the issue of the legal liability of school sports injures in U.S.A and disclose its legislative suggestions for China's tort law.It is pointed out that the coaches and teachers have the liability to provide adequate supervision,guidance and training,to provide appropriate and possible medical assistance;that schools and the administrators are responsible for the supervision of athletic activities and for the employment of qualified personnel,the provision of proper medical assistance and safe sports equipment.If the above-mentioned liabilities are not fulfilled,they should bear the responsibility for school sports injuries.To define the liability of school sports injury as a kind of common slip is helpful for maintaining and protecting the social and public interest.The participants and audience of school sports activities may assume the risks that are obvious and foreseeable,but not the risks caused by negligence of duty by schools or related parties.

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Available abstract

By case analysis,the author tends to study the issue of the legal liability of school sports injures in U.S.A and disclose its legislative suggestions for China's tort law.It is pointed out that the coaches and teachers have the liability to provide adequate supervision,guidance and training,to provide appropriate and possible medical assistance;that schools and the administrators are responsible for the supervision of athletic activities and for the employment of qualified personnel,the provision of proper medical assistance and safe sports equipment.If the above-mentioned liabilities are not fulfilled,they should bear the responsibility for school sports injuries.To define the liability of school sports injury as a kind of common slip is helpful for maintaining and protecting the social and public interest.The participants and audience of school sports activities may assume the risks that are obvious and foreseeable,but not the risks caused by negligence of duty by schools or related parties.

Key concepts: Liability, Duty, Legislature, Tort, China, Legal liability, Business, Sports injury

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