Pregledni rad
https://doi.org/10.31141/zrpfs.2019.56.132.355
Responsibility of the organizer for damage caused in sport competition
Dubravka Klasiček
; Pravni fakultet Sveučilišta u Osijeku, Osijek, Hrvatska
Sažetak
According to Art. 1081 of Law of Obligations, organizer of every event, including a sporting event, is liable for the damages that might occur to viewers due to extraordinary circumstances, which may happen on such events (such as uncontrolled and sudden movement of people, disorderly behavior, false alarm, scuffle among fans, explosion and smoke when using fan props, too many viewers, etc.). These circumstances may be extraordinary, but they are, by no means, unpredictable, inevitable or unrepairable, so they are not considered to be vis maior. If, due to these circumstances, spectator of a sporting event suffers damages, the organizer will be liable for it, because, by organizing such an event, he/she created a risk that an occurrence, which may not in itself constitute a harmful action, causes significant damage. There are different interpretations of this kind of liability, but regardless of those views, it is clear that it exists to alleviate the position of the injured party, if he/she suffers damages caused by extraordinary circumstances because of which it would be difficult, sometimes even impossible, to prove who or what actually caused the damage.
This paper will discuss possible causes of damages to the spectator in sporting events, legal nature of this type of liability, its prerequisites and reasons for exclusion of organizer’s liability. This paper will also provide a comprehensive overview of older and recent court decisions that relate to the liability of the organizers of sporting events, but also to the liability of organizers of other types of events.
Ključne riječi
liability of the event organizer; objective liability; sporting event; property damage; non-pecuniary damage
Hrčak ID:
220106
URI
Datum izdavanja:
14.5.2019.
Posjeta: 3.388 *