| （School of Physical Education，Soochow University，Suzhou 215006，China） Abstract: By defining the concept of liabilities for injury accidents happened to school physical education, the au-thors, via their analysis, put forward the following opinions: the parties that may become the main body of liability in injury accidents happened to school physical education in the United States include school districts, schools and teachers; the time and territorial scope include not only on campus and within the school, but also the time and ter-ritory in relation to learning in school; key liability constituting elements include legal liabilities for damages and student care, behaviors and proximate causes for breaching the “rational care standard”; when a case of contributory negligence or voluntary risk taking occurs, or when a liability exemption agreement is signed and a governmental liability exemption right is owned, there is a reason for liability exemption for injury accidents happened to school physical education. Lastly, the authors compared stipulations made by China and the United States on such a legal issue as injury accidents happened to school physical education, such as applicable scope, principles for liability at-tribution, cause and effect relationship, liability exemption debate, and vicarious liability.
Key words: school physical education；injury accident；United States |
