Research on the Application of the "Assumption of Risk" Rule in Campus Sports Injury Accidents in Colleges and Universities

Abstract

The application of the assumption of risk rule in the field of campus sports has complicated problems like limitations on cognitive ability of underage students, different kinds of activities and the particularity of schools. According to its normative structure and jurisprudence base, we gave a typological definition and determined the risks contained in campus sports activities; analyzed the criteria of determining the subjective and objective elements and exclusionary conditions in campus sports injury accidents based upon them; explored the normative coordination between this rule with the school's duty of safety assurance and the principle of fault liability. Through our research, we concluded that: The application of the assumption of risk rule in campus sports need accurately identify inherent risks, wherein the difference in cognitive abilities among underage students is an important moderating factor for identifying elements. It will supplement the exemption effect through a reasonable damage-sharing mechanism aiming at balancing the normativity between exempting non-fault participants from liability and protecting the rights and interests of injured students.