Fa is around you ⑦ | Play basketball injured who should be responsible?

Case introduction

A fierce basketball game is about to be staged, Go Go Go! The foul in the game caused someone to be injured. Who should be responsible for it?

Expert Reviews

Wu Jinmei, a member of the "Eighth Five -Year Plan" Lecturer Telership, director of Beijing Yingke Law Firm National Company Legal Professional Committee

Judging from the situation in this case, foul players should not bear responsibility. According to the risk rules established by Article 1,176 of the Civil Code, they voluntarily participate in cultural and sports activities with certain risks. If the behavior of other participants is damaged, the victim shall not ask other participants to bear the infringement liability; but Except for other participants' intentional or major faults about the occurrence of damage. In the case, foul players are just general criminal behaviors and have no intentional or major fault, so they do not need to bear responsibility. Participate in sports or risky sports or risks such as basketball games and football games. Participants need to respond quickly in a short period of time. After careful consideration. Therefore, it is difficult to completely avoid the injury of the player. The establishment of a risk rule for the civil code is of great significance to encourage everyone to actively participate in sports activities, stimulate people's fighting spirit and improve the physical fitness of the whole people. At the same time, this case also reminds us that we can do it when participating in a certain risk of cultural and sports activities, and do a good job of protecting; abide by the rules of the event to avoid harming others.

Correlation

"People's Republic of China"

Article 1,76: Volunteer participation in a certain risk of cultural and sports activities. If the behavior of other participants is damaged, the victim shall not ask other participants to bear the infringement liability; Or except for major faults.

Source: Chinese Fa Law

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