スポーツ系課外活動中の事故と大学の責任に関する試論

概要

論文の詳細を見る
A student injured during collegiate athletic team activities may bring a suit for compensation against a college. He or she may allege the negligence of an employee who was a supervisor of the team and/or the violation of a duty of a college to protect student's life, limb, and health from dangers. Courts have held that under the specific conditions a college should not be liable for protecting student-athletes from dangers and risks inherent in their ordinary activities in particular, and its employee should not be liable for close supervising of their activities. The conditions are 1) that a collegiate athletic team is a voluntary group of students, 2) that its activities are planned and managed by themselves, and 3) that an employee accedes only nominally as supervisor. Courts have determined that since students are adult or young adult and able to study at institutions of higher education, they should have enough ability to recognize dangers and risks inhernt in their athletic activities. Also it is their responsibility to guard themselves from these dangers and risks.
仙台大学の論文