"自甘风险"规则下青少年校园足球伤害案件归责研究OACHSSCD

Football is a typical sport in terms of injury risk.As participants in campus football,adolescents are both potential creators and bearers of risk.Given that the injured parties in youth campus football injury cases are usually primary and secondary school students with limited civil capacity,and that the issue of guardians'tort liability arises when minors with limited civil capacity cause harm to others,it is necessary to clarify the determination in such cases under the"assumption of risk"rule by drawing on current judicial practice.Through the analysis of 222 judicial documents from China Judgments Online,this study holds that the degree of violation of the"game rules"should serve as the benchmark for determining whether the actor acted with intent or gross negligence.At the same time,schools cannot be exempted from liability under the"assumption of risk"rule.Instead they should adopt an objective judgment standard to determine whether they have fulfilled their educational and management responsibilities,while fully considering the physical and mental characteristics of minors.Schools can promote socialized risk sharing by providing students with specilaized insurance for sports-related accidental injuries.