The legal responsibility of the owners of sports facilities for negligence leads to the injury of customers
Paper ID : 1291-11THCONF
2استادیار دانشگاه رازی، کرمانشاه
The task of owner of sports facilities varies depending on the situation of the individual or group affected. Facility owners are only allowed to alert when the danger is known and based on the standard of care, in case of lack of awareness, they should be informed. The invited person is someone who is invited to the property of owner (such as athletes and spectators). You do not need to invite a person to be considered a "person invited". For example, inviting people to buy a ticket and enter the football stadium is an invitation. At the time of the invitation, the property situation should be such that it has sufficient safety to enter and protect the person invited This encouragement implies that the owner has provided safety conditions for the entry of individuals into their property. When discussing the responsibility of the owner of sport facilities, the distinction between patent defects and lateral defects is important. Both of these defects can potentially cause damage, but the owner of the facilities is only responsible for the disadvantages that can be discovered. Patent defect is a defect that is clearly visible or can easily be discovered by a simple visit. The owner of the premises is responsible for patent defects (such as the remainder of building materials on the steps) that may be hazardous and cause injury to viewers. The lateral defect is a hidden or worn defect that cannot be uncovered by conventional visit, so the owner is not aware of it. The owner is not usually responsible for the damage caused by the lateral defects. The responsibilities of the owner of the premises for reasonable care are divided into three categories. First, it is the duty of care to invite persons when using hazardous and harmful equipment and tools. The owner must reasonably choose the equipment needed for the premises. Second, the owner must logically maintain the equipment and the safety and health standards must be respected. Third, the owner should avoid the predictable risks created by other invited persons. Breach of any of the duties may be attributed to the owner of the premises due to uncertainties. The owner is responsible for obvious defects that have not been corrected. Concerning supervision, the organizers of the competition are responsible for observing the usual care in the event. Although determining the reasonable care level can vary, depending on the event.