| （School of Mangement and Communication of Sports，Capital University of Physical Education and Sports，Beijing 100191，China） Abstract: Due to its competitiveness and body movement, a competitive activity contains the risk of injury, in which an injury caused by an athlete competing together has sports specificity. An injury caused by competition between ath-letes may constitute a tort, its tort liability has special constitutive elements and malfeasance stopping causes. If the in-jurer’s action which causes the victim’s injury is a major violation of a competition safety rule or a tradition or conven-tion of that event, and the doer has culpable negligence, the victim is seriously injured, or there is causality between the malfeasance and the fact of serious injury, the injurer should undertake the liability for the victim’s injury. For deter-mining whether the injurer has negligence in contesting sports competition, the following elements can be considered: event characteristics, athlete characteristics as well as the facts and environment when the incident occurs. Assumption of risk is the most commonly used defense for the tort of an injury caused by competition.
Key words: sport law；athletes injury；tort；legal liability |
