Civil liability of sports participants for sports-related injuries in the Czech Republic
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ARTICLE
Civil liability of sports participants for sports-related injuries in the Czech Republic Michal Kra´lı´k
Published online: 16 April 2013 T.M.C. Asser Instituut 2013
Abstract The paper deals with the current issues of legal liability of sports participants for injuries caused during the practice of sports. So far, this issue has not been adequately analysed by the legal theory, legal literature and judicial practice in the Czech Republic. However, the experiences of the past years indicate that this issue is getting more and more important, especially in connection with the cases concerning sports incidents that appear in the media on a regular basis. The aim of this paper is therefore to contribute to the clarification of the issue of legal liability of sports participants for sports-related injuries and to suggest possible solutions while respecting the complexity of the issue. The paper focuses on one of the most important legal concepts of legal liability of sports participants according to which possible existence of legal liability of a sports participant for a sports-related injury should be determined based on his adherence to (or violation of) the rules of the sport. The paper describes its theoretical background and mentions some of the most important legal writings dealing with this concept. The final part discusses in detail the impact of this concept on the judicial practice of the Supreme Court of the Czech Republic and on the legal literature dealing with this issue. Due to its subject-matter, this paper may serve as a basis for possible future comparative studies of the issue within the European context since no uniform and unequivocal approach to this issue has been yet found and accepted.
M. Kra´lı´k is the Judge of the Supreme Court of the Czech Republic. M. Kra´lı´k (&) Modra´ 580, Zlı´n, Kudlov 76001, Czech Republic e-mail: [email protected]
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Keywords Legal liability in sports/legal liability of an athlete (sportsman) Legal liability of athletes/sportsmen Sports law Legal liability of a sportsman for sport-related injuries Legal liability for sport-related injuries
1 Introduction ‘‘In the ample literature dealing with very different aspects of sport, little attention has been paid to the extensive and complex legal implications of the practice of a sporting activity. The absence of any literature addressing the legal aspects of sports is certainly no coincidence. This branch of law is ‘‘young’’, in the fullest sense of the word, and is still in the stage of formation. There are still many questions to be solved and antagonistic tendencies emerging from the heated debates on the issue. It follows from the experience that there are many well-established legal concepts and constructs which cannot be automatically adapted to the issues arising out of the unusually rapid development of the sport which is now practised by masses of people in an ever-expanding scope of newly created and miscellaneous kinds of sport. At last, new and original legal constructs and solution
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