Civil Liability in Sports

Civil Liability in Sports

Whenever a person or persons are legally required to compensate another for damage suffered, they are deemed to bear civil liability toward that person. Civil liability arises either from contractual obligations or independently of any contract.

Contractual liability results from the failure to perform obligations or to honor commitments arising from a valid contract between the parties. In such cases, a person who fails to fulfill contractual duties and thereby causes damage to another party is legally bound to compensate for the resulting loss. Contractual liability, therefore, consists of the obligation imposed on the party in breach to remedy the damage caused by non-performance.

For example, a wrestling coach who has undertaken to train a minor in wrestling techniques may be held liable if, due to lack of care or negligence, the trainee sustains an injury. In such circumstances, the coach is responsible toward the injured athlete and the athlete’s parents and is required to compensate for the damages incurred.

By contrast, non-contractual liability arises where no contractual relationship exists between the parties, and no prior obligations have been assumed. If, in such a situation, one party intentionally or negligently causes harm to another, liability arises by operation of law. Since sports activities must be conducted in accordance with specific rules and regulations, any violation of those rules by an athlete that results in injury to another athlete or to third parties gives rise to civil liability, even in the absence of any contractual relationship. Accordingly, in cases of bodily injury resulting from fault or violation, whether contractual or non-contractual, the obligation to compensate rests with the person whose negligence, carelessness, or lack of due care caused the damage.

Conditions for the Establishment of Civil Liability in Sports

Elements of Civil Liability

The first essential element of civil liability is the existence of damage, which may take various forms, including the following:

• Bodily injury to oneself or others, such as assault, wounding, bodily harm, or death resulting from negligent or unlawful acts.
• Infringement of the dignity or reputation of others, including harm to personal honor through the spread of false accusations or defamatory statements concerning coaches, supervisors, or referees.
• Violation of personal or family honor.
• Damage to or destruction of property belonging to oneself or others, including interference with the property of another, such as breaking windows in a sports hall or stadium.

Two conditions must be noted in this regard. First, damage suffered by a person solely as a result of his or her own act does not give rise to civil liability. Second, the occurrence of damage must be certain and established in order to result in civil liability.

Commission of an Act or Omission Contrary to Law

The mere occurrence of damage is not sufficient to establish liability. The act or omission causing the damage must also be contrary to applicable laws, regulations, or accepted sporting rules, or otherwise unlawful. Liability may likewise arise from an omission where failure to act causes harm and such omission constitutes a legal violation.

There are many instances in which harm occurs but does not give rise to civil liability because the conduct is permitted or required by law.

For example, if a football or volleyball strikes a player’s face during the normal course of play and causes injury or even fracture, no civil liability arises for the referee or the players involved, as the incident occurs within the framework of lawful sporting activity.

Accordingly, whether liability arises from an act or an omission depends on whether the conduct violated sporting rules or legal standards.

Fault of the Perpetrator

Fault may be intentional or unintentional and may arise from negligence or lack of due care.

Intentional fault involves the presence of intent and bad faith, whereby an act is committed with the purpose of causing harm. Unintentional fault, by contrast, results from negligence, carelessness, or recklessness without any intent to cause injury.

Experience within sports federations and management bodies indicates that the majority of sporting incidents arise from negligence, carelessness, or oversight, while intentional misconduct is comparatively rare.

Examples of unintentional faults include the following:

• A novice and inexperienced swimmer is diving from a five-meter platform without adequate training or preparation.
• Negligence or failure by a referee to inspect sporting equipment used by athletes, resulting in damage caused by the use of unauthorized or unsafe equipment.
• Lack of proper inspection or maintenance of technical equipment used by student athletes in specific sports disciplines.

In all cases, once damage has occurred, the injured party is entitled to seek compensation before the competent court.

The person responsible for the damage is legally obliged to bear the consequences of negligent or wrongful conduct and to compensate for the harm caused.

Compensation for damage may take one of two forms. It may involve restoring the situation to its prior state as if no damage had occurred, or it may involve payment of monetary compensation equivalent to the value of the loss suffered.

Frequently Asked Questions Regarding Civil Liability in Sports