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| TITLE | Supreme Court Decision 2017Da203596 Decided January 31, 2019【Damages (Etc.)】 [full Text] |
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| Summary | |
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[1] Substance of the duty of care owed by a person participating in a sports game (held: duty of safety consideration) Standard for determining whether a person participating in a sports game with the risk of sustaining physical injuries fully performed the duty of safety consideration, and whether that person may be held liable for damages caused by an act during the sports game that does not deviate from the bounds of socially acceptable logic (negative) [2] In a case where Party A, the goalkeeper during a soccer club game, collided with Party B, the forward on the other team, while landing after diving to block the ball and consequentially suffered injuries to the cervical spine of the neck area, etc., the case holding that: (a) although it is difficult to readily conclude Party B’s act as exceeding the bounds of socially acceptable logic and breaching the duty of safety consideration owed to Party A; (b) the lower court deemed otherwise and held Party B liable for damages; and (c) in so doing, it erred by misapprehending the legal doctrine |
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