An Analysis of Judicial Decision on Sports Injury Accidents in Schools and a Study on Risk Avoiding Measures

Abstract

By using the research methods of judicial case analysis and mathematical statistics analysis, this study analyzes 20 typical cases of school sports injury accidents published by “China Judgements Online”. The findings show that injuries occurred most often to primary and middle school students, and the courts restored the facts of the cases clearly and accurately; in the process of liability attribution, the fault principle, the equity principle and the risk assumption principle were mainly adopted. For the same type of injury accidents, the court decisions were not the same, and in the vast majority of cases, the schools bore civil liabilities. In order to reduce student injury accidents in PE teaching and other sports activities in schools and reduce the liabilities of schools, this study proposes the measures of “one qualified, one insured and nine in place,” that is, “ensuring that equipment is qualified, buying special insurances, teacher training in place, inspections in place, anticipation in place, design in place, cautions in place, protection in place, handling in place, reporting in place and care in place.”