体育・スポーツ事故に関する判例の動向分析

概要

論文の詳細を見る
In recent years, civil actions for damages connected with injury sustained during physical education or sports activity in the school have been on the increase. The reason for this increase is apparently a change in people's awardness of their rights as well as a lack of adequate facilities or supervision for physical education and sports activity. Most of the claims are based on the National Damages Law or the provisions of tort liability in the Civil Code. But there are problems specific to this field. For example, if the court makes an effort to award damages to the victim of the injury, the relations of confidence between teacher and student may suffer. Courts used to readily find lack of due care or lack of safety on the premises and made an effort to award damages to victims of injuries. But nowadays courts do not so readily find negligence. Courts may have changed their pattern of awarding damages, but this does not help to solve the problem of sports injuries in the school. In conclusion, enactment of a special law based on absolute liability is necessary to solve this problem.
早稲田大学の論文
1988-03-25