Extreme Sports and Extreme Liability: The Effect of Waivers of Liability in Extreme Sports

A. Greer
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引用次数: 6

Abstract

Athletes who participate in extreme sports know that by just participating in the sport, they are at a huge risk for injury. This risk for injury, however, should not include the negligent acts of the event’s sponsors and promoters. Before an athlete agrees to compete in an event, the athlete will generally sign a liability waiver that contains language absolving the sponsor from its own acts of negligence. These liability waivers in turn will bar an athlete from imposing liability on a sponsor for any injuries the athlete may sustain as a result of a sponsor’s negligence. The purpose of this article is to show why it is against public policy for sponsors of an extreme sports event to be allowed to contract away their own negligence. Athletes already assume the risks inherent in a sport, but they should not be expected to assume a risk above those inherent in the sport and suffer an injury that has been the result of a sponsor’s negligence. A sponsor, on the other hand, should not be responsible for an athlete’s injury that results from a risk inherent in the sport. This article addresses why a modification of liability waivers in extreme sports is necessary to protect the interests of both the athlete and the sponsor.
极限运动与极限责任:极限运动免责的影响
参加极限运动的运动员知道,仅仅参加这项运动,他们就面临着巨大的受伤风险。然而,这种伤害风险不应包括赛事赞助商和推广方的疏忽行为。在运动员同意参加一个项目之前,运动员通常会签署一份免责声明,其中包含免除赞助商自身疏忽行为的语言。这些责任豁免反过来将禁止运动员对赞助商因赞助商的疏忽而可能造成的任何伤害承担责任。本文的目的是说明为什么允许极限运动赛事的赞助商通过合同来消除自己的过失是违反公共政策的。运动员已经承担了这项运动固有的风险,但不应该期望他们承担超出这项运动固有风险的风险,而遭受赞助商疏忽造成的伤害。另一方面,赞助商不应对运动员因运动中固有的风险而受伤负责。这篇文章阐述了为什么在极限运动中修改免责条款是必要的,以保护运动员和赞助商的利益。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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