Research on the Principle of Fault in Sports Injuries

Sport is a kind of human activity with certain inherent risks that requires the balance between the freedom of movement and the relief of unlawful damages involved in the tort law.Assumption of risk,served as an usual defense used in the Anglo-American Legal System,presumes the recognition and voluntary acception of risks,which,despite its guarantee of the freedom of movement,is unfavorable to the damage relief,let alone the goal of harmonious development of sports cause and the realistic demand of promoting the process of the rule of law.The traditional principal of fault features internal flexibility and external universal applicability and it possesses a position as the legal liability principle in the field of sport damage disputes solution.By professionalizing the Buonus paterfamilias Criterion(General duty of care),that is to say the duty of care for a reasonable sportsman,it is comparatively easier to attain a reasonable judgment of the appropriateness of actors' deeds in sports.While encountering the sport damage disputes,we should firstly have a reasonable presumption of sport's inherent risks,then observe actors' fault by their general duty of care and determine,whether or not,they should take the tort liability and compensation duties as well as the range of responsibilities.As for those sport damages disputes in which either side has fault,special rules like equitable liability would helps to properly share the damages for the purpose of a balanced and win-win situation between the freedom and damage relief;of the promotion of sport spirits;of the development of sport cause and of an efficient guarantee in the interest of everybody.