公益性体育器材造成伤害事故的法律责任探析

Inquisition and Analysis of Legal Liability for Injurious Accidents Caused by Freely Using Public-Welfare-Nature Sports Equipment

通过文献资料等研究方法,对公益性体育器材造成伤害事故的责任主体、法律性质和法律责任进行分析。认为:责任主体有生产者、销售者、管理人和使用人;法律性质属于侵权行为;法律责任根据不同原因,各主体人均有可能承担责任,其中生产者和销售者承担产品责任,管理人承担违反安全保障义务的责任。

The methods of literature and so on were used to analyze the liable subjects, legal nature and legal liability of injurious accidents caused by freely using public sports equipment. It considered that the liable subjects involved manufacturers, sellers supervisors and users of sports equipment, its legal nature belonged in fight-infringing-on behavior, and its legal liability was that all subjects had possible responsibility according to different accident causes. Probably among them, the manufacturers and sellers should undertake the responsibility for products and the supervisors should undertake the responsibility for going against safety-protecting duty.