Who bears responsibility for sports injuries? The assumption of risk determines the case

Compiled from: Shandong High Court, Case Study Research, Rule of Law Daily
 
Case review
Over 70-year-old Song, a badminton enthusiast, had been voluntarily participating in badminton matches since 2015. On the morning of April 28, 2020, at 9 a.m., Song, Zhou, and two other badminton enthusiasts were playing a 3-on-3 badminton match in a park in Chaoyang District, Beijing. During the match, Zhou accidentally hit Song in the right eye with the shuttlecock. After the incident, Song was accompanied by Zhou to the hospital for treatment. As Song's right eye was diagnosed with artificial lens dislocation, hyphema, etc., Song sued Zhou in the Chaoyang Court for infringing on his right to health, demanding compensation for medical expenses, nursing fees, hospitalization food subsidies, and other costs.

 

 
Civil Code of the People's Republic of China
Article 1176
[6] Those who voluntarily participate in cultural or sports activities with certain risks and suffer harm due to the actions of other participants shall not request other participants to bear tort liability; however, this does not apply if other participants have intentional or gross negligence in causing the harm.
 
The liability of the activity organizer shall be governed by the provisions of Articles 1198 to 1201 of this Code.
 
 
[1] Court Opinion
The court held that badminton, as a typical confrontational sport, falls under the category of "recreational activities with certain risks" as stipulated in the aforementioned legal provision. The plaintiff, Song, as a badminton enthusiast who had participated in badminton competitions for many years, should have been aware of and foreseen the risks of sprains, strains, and the most common risk of being hit by the shuttlecock during the match. However, since he voluntarily participated in the competition, his actions should be deemed as "assumption of risk."

 

Furthermore, Song did not claim during the trial that the defendant, Zhou, intentionally caused his injury. Therefore, in determining whether the defendant Zhou met the condition of "gross negligence," the court found that the defendant, in the highly tense competition, did not have sufficient time to consider and judge each of his actions. Under such circumstances, the duty of care should be limited to a scope more lenient than the general duty of care, within the bounds of sportsmanship and rules. Thus, the defendant Zhou's action of smashing the shuttlecock should be considered a normal technical move in this type of sport, with no obvious violation of competition rules, and therefore should not be deemed as gross negligence.
 
Based on this, the Chaoyang District Court ruled in the first instance to dismiss all of the plaintiff's claims. The defendant accepted the verdict, while the plaintiff stated that he would consider whether to appeal.
 
 
[1] The author's perspective
"Assumption of risk," also known as voluntary assumption of risk, refers to a situation where a party, fully aware that a certain activity involves risks, still willingly undertakes those risks and acts accordingly, ultimately causing harm to themselves. Here, "willingness" is not limited to written or verbal consent but also includes implied consent expressed through voluntary participation. The scope of assumption of risk is limited to sports activities, excluding chess competitions and e-sports. Assumption of risk is also a new concept introduced for the first time in the Civil Code.
 
Since assumption of risk requires that the party knowingly and willingly participates despite the risks, and that other participants do not have the subjective intent to cause harm, it reasonably allocates responsibility, protects individuals' freedom of action, and alleviates the psychological burden on participants.
 
Although the law provides certain protections, athletes should still thoroughly understand the potential risks of the sport before engaging in it and take protective measures during exercise to avoid or reduce the likelihood of danger. Finally, athletes should also abide by the rules to avoid accidentally injuring others and thus incurring unnecessary disputes.