Basketball is loved by many people, but competitive sports often come with certain risks. If you are injured while playing basketball on your own, who should bear the responsibility? On April 10, Nandu reporters learned from the Dongguan Intermediate People’s Court that the court recently concluded a body rights dispute in the second instance and ruled that a man injured while playing basketball should bear the consequences of the damage and rejected his request for compensation.
The case shows that one day in July 2022, Xiao Wu and Xiao Li spontaneously participated in a friendly basketball match at a certain basketball court.
During this period, while Xiao Li was holding a basketball and approaching the backboard, he had physical contact with Xiao Wu. Xiao Li’s right arm pushed outwards, and Xiao Wu staggered a few times and then fell to the ground. The accident caused Xiao Wu’s tooth to be injured, and he later went to the hospital for treatment. Xiao Wu believed that Xiao Li deliberately pushed down and caused his injuries, so he sued the court and asked the other party to compensate for various losses such as medical expenses.
The Dongguan Third Court rejected Xiao Wu’s claim in the first instance, but Xiao Wu refused to accept it and filed an appeal.
The Dongguan Intermediate Court’s second instance held that Xiao Wu and Xiao Li did not know each other before, and they participated in a friendly basketball match with others. Basketball is a competitive and dangerous sport, and participants should be aware of the reasonable risks of the sport, including but not limited to physical injuries caused by physical contact, collisions, or even fouls by one party.
In this case, Xiao Wu, as an adult who often participates in basketball, should be fully aware of the reasonable risks of basketball. Moreover, basketball games are more confrontational. Xiao Li is stronger than Xiao Wu. When Xiao Li was attacking with the ball, Xiao Wu stepped forward to block it, resulting in Injured, there is no evidence to prove that Xiao Li was intentional or grossly negligent in the process. Therefore, Xiao Wu’s injury should be a reasonable risk in basketball. According to Article 1176 of the Civil Code, Xiao Wu should bear the consequences of the damage himself. The first-instance judgment was not improper, so the appeal was dismissed and the original judgment was upheld.
The judge stated that the “voluntary risk” clause established in the Civil Code clarifies the applicable conditions and reasons for rejection, and encourages participants in cultural and sports activities to reasonably resist within the scope permitted by the rules. This not only protects the basic rights of participants, but also makes cultural and sports activities more accessible. Can be carried out in a standardized and orderly manner.
In this case, the basketball played by the plaintiff and defendant is a competitive sport with direct physical contact and confrontation, and there is a potential risk of sports injuries. When participants voluntarily participate in sports, it should be considered that those participating in the sports imply that others are willing to bear the damage caused by the confrontation sports under the condition of complying with the rules of the sports, that is, the legal provisions of willing to take risks should be applied. The plaintiff in this case claimed that the defendant should be liable for compensation, but it could not prove that the defendant’s behavior was intentional or grossly negligent, so the defendant was not liable for the plaintiff’s damages.
2024-04-11 01:12:28
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