スポーツ参加者間の事故とリスク引き受け: 野球等におけるスライディング事故から
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In the case reported in Hanre Jihou. No. 1357 p. 87,the plaintiff, a second baseman, brought a suit against a base runner to recover damages for injuries sustained in a baseball game when the defendant slid into second base and collided with the plaintiff. Tokyo district court held that certain risks of injury are inherent in athletic competitions like a baseball game and if the defendant's condcut was acceptable in our society in the light of the rules of the game, he is not liable for injuries which he inflicted on the plaintiff while playing the game. The court found that the plaintiff's injury resulted from the defendant's conduct which was not done with intent to harm the plaintiff nor did it constitute gross negligence and that there was no evidence which shows that the defendant slid into the plaintiff in a dangerous way in violation of the rules of the game. The court ruled for the defendant. In the case reported in Hanrei Jihou, No. 1548 p. 121,the plaintiff, a woman catcher, filed damages action against a base runner. She sustained injuries as a result of a collision with the base runner during a mixed friendly softball game for players over the age of 40. When a member of the defendant's team hit the ball, he was at second base. He ran towards home plate and slid left foot first between the legs of the plaintiff who was standing astride home plate and waiting for the ball. Saku branch of Nagano district court held tha the standard of care imposed upon participants in a mixed friendly sports event for the aged like this case should be different from the standard in professional or high-level amateur athletic competitions. The court also held that the duty imposed on participants in this game was to avoid the infliction of injury upon another participant as much as possible and they should, if necessary, stop to get a score if it involves strong physical contact, because mutual friendship is the ultimate aim of the game. The court believed that the defendant could have foreseen his infliction of injury on the plaintiff in the collision and could have avoided the collision by touching home plate to score in another way. The court held that the defendant was liable for damages to the plaintiff because of his willful, dangerous sliding into the plaintiff. In America, a plaintiff is barred from recovery when, either espressly or impliedly, plaintiff had voluntarily accepted the dangers of a known and appreciated risk and intelligently acquiesced in it. This is the function of the defence of assumption of risk. Persons participating in sports events may be held to have consented, by their voluntary participation, to those injuries resulting from the inherent risks of sports activity which are clear and reasonably foreseeable. On the standard of care imposed on participants in a sports event, the majority of jurisdictions in America have concluded that an action against injuries sustained during sports event must be predicated on a reckless disregard of safety, not mere negligence. Tokyo District court in the above-mentioned case utilized the same heightened standard as the standard of recklessness, because, according to the opinion of the court, the court would find the liability where the defendant's willful conduct or gross negligence caused injuries. In a case in America, where a woman catcher in a coed softball game sustained injury in a collision with a base runner, it was held that the collision was an inherent risk of the game, and that the plaintiff assumed this risk by playing in the softball game. Saku branch of Nagano district court did not agree that the plaintiff assumed risks in collisionby her participation in the game. The court found that steals of base and reckless conducts were prohibited in the game, but did not state that the no-slide rule governed this game. If no rule governs sliding at all in the game, could a normal and ordinary sliding into home plate be said to be reckess? It would be duties for
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