Open Access Research Article
EXTREME SPORTS: AN ANALYSIS OF WAIVER OF RIGHTS CONTRACT AND COMPENSATION MECHANISM FOR ATHLETES INVOLVED IN EXTREME SPORTS
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EXTREME
SPORTS: AN ANALYSIS OF WAIVER OF RIGHTS CONTRACT AND COMPENSATION MECHANISM FOR ATHLETES INVOLVED
IN EXTREME SPORTS
AUTHORED BY - VAISHNAVI
UPADHYAY
ABSTRACT
The growing popularity of these
extreme sports is a result of increased injury and fatality rates, which are spreading
like wildfire. Although it may seem that knowing about an accident may
discourage other participants, these injuries and mishaps merely serve to
encourage people to put on protective gear without thinking about the risk of
hurting themselves or other participants. It was shown in one research that
individuals under the age of 25 were likely to be aware of these fatalities and
injuries.
Extreme sports participation is
increasing dramatically, thus someone has to fund, plan, and organise the game
for the players as well as produce the full event. The sponsors and event
organizers would take steps to minimise their legal responsibility in the sad
event that an athlete had an injury, in order to protect themselves. The
agreement these organizers or sponsors make is referred to as the 'express
assumption of risk’, and it states clearly that the defendant is not obligated
to defend the plaintiff because the plaintiff has expressly consented to wave
off defendant from any associated liability caused through any negligence,
which he might be accused of.
Taking into account that playing these
dangerous games carries a risk of injury or death. Using psychological research
and a novel strategy for including sports compensation, this paper attempts to
examine the compensation plan, the risk element, and the thrill-seeking conduct
in certain situations.
KEYWORDS: Extreme sports, Funds
Allocation, Risk Management, Compensation Schemes, s, Remunerations, Injury,
Risk
I. INTRODUCTION
Before 1995, when the Summer X Games
in Rhode Island featured twenty-seven different events, including downhill
skating, sky surfing, skateboarding, mountain and dirt biking, sport climbing,
several water events, and several cross-country orienteering races, the term 'extreme
sports’ was rarely used in the sports and competition field. These games are
considered ‘death-defying spots’ because they entail unlawful leaps from
buildings, cliffs, hills, or antennas, even if the list of games only resembles
a shopping list. Men between the ages of 18 and 34 are particularly drawn to
these sports, even in light of the danger of death during these activities.
This draws more sponsorship and marketing, which raises revenue overall.
The right baby of the player's eye has
traditionally been the danger element in these games, but an increasing
proportion of male players and a small but rising percentage of female players
tend to overlook the term ‘extreme' and instead concentrate only on the word ‘sport’.
Their deft maneuver may increase the danger, but other competitors' poor
decisions or environmental factors are some of the primary causes of increased
harm in this sport. Reflecting the fact
that young people are drawn to this kind of sport intensely and volunteer
despite the risks involved. These games continue to attract a sizable volunteer
base. Though many examples of damage or death have occurred, they have hardly
made an impression on young people's thinking.
The growing popularity of these
extreme sports is a result of increased injury and fatality rates, which are
spreading like wildfire. Although it may seem that knowing about an accident
may discourage other participants, these injuries and mishaps merely serve to
encourage people to put on protective gear without thinking about the risk of
hurting themselves or other participants. It was shown in one research that
individuals under the age of 25 were likely to be aware of these fatalities and
injuries.
Extreme sports participation is
increasing dramatically, thus someone has to fund, plan, and organise the game
for the players as well as produce the full event. The sponsors and event
organizers would take steps to minimise their legal responsibility in the sad
event that an athlete had an injury, in order to protect themselves. The
agreement these organizers or sponsors make is referred to as the 'express
assumption of risk’, and it states clearly that the defendant is not obligated
to defend the plaintiff because the plaintiff has expressly consented to
release the defendant from any associated liability for any negligence that he
may be accused of.
Taking into account that playing these
dangerous games carries a risk of injury or death. Using psychological research
and a novel strategy for including sports compensation, this paper attempts to
examine the compensation plan, the risk element, and the thrill-seeking conduct
in certain situations.
A. Review of Literature
The paper addresses risk mitigation in
the recreation and sports sector, emphasising the estimation and assessment of
risk levels, the identification of risky factors, and the application of this
knowledge to the formulation of preventive and remedial plans. It highlights
how crucial participant attitudes are in establishing appropriate risk
thresholds.
(ii)
Eric B, risk-taking in extreme sports: a phenomenological perspective.
annals of leisure research (2010)[2]
The research refutes the risk-oriented
perspective on extreme sports by showing that participants are aware that
mistakes made poorly may have deadly consequences. They also take safety
procedures to lessen the possibility of adverse consequences, acknowledging
that routine tasks like driving represent a serious risk. This is emphasized by
the hermeneutic phenomenological technique.
(iii) Tracy J. D, an introduction to
risk, adventure and risk management. risk management in the outdoors: a
whole-of-organization approach for education, sport and recreation, (2012)[3]
The research refutes the risk-oriented
perspective on extreme sports by demonstrating that participants take
preventative measures to lessen adverse effects and recognize that mistakes
handled carelessly may have catastrophic consequences.
(iv) Amanda G, extreme sport, an
extreme liability: the effect of waiver of liability in extreme sports[4]
This article argues that event
sponsors should not be held liable for their carelessness when it comes to
extreme sports. It proposes changing liability waivers so that the word
"negligence" is removed and a comparative blame scheme is added, in
which sponsors and athletes share varying degrees of responsibility if that a
sponsor's negligence causes an injury.
The paper makes the case that extreme
sports present a problem for the current assumption of risk theory, which
permits defendants to shield plaintiffs from hazards that are inherent in
sports. It implies that high-risk leisure activities like motocross, which have
the potential to cause participant injuries, may not fall under the no-duty
rule, which is predicated on the idea that all sports are naturally reasonable.
(vi) Carolyn B. R., homicide on
holiday: prosecutorial discretion, popular culture, homicide on holiday: prosecutorial
discretion, popular culture, and the boundaries of the criminal law[6]
The link between tort law, popular
culture, and the decision to charge risk-takers for recreational offences with
felonies are examined in this article. It contends that a carefree mentality
has overtaken the appeal of dangerous sports, and that tort reform has reduced
the chances of compensation for plaintiffs. The financial clout of service
providers has sometimes protected athletes from lawsuits alleging carelessness.
According to the paper, prosecutors should seek sentences that make it clear
what constitutes "public" injury and differentiate between morally
reprehensible indifference and unintentional harm. Finding situations when the
prosecution clarifies the criminal law's retributive and condemnatory role is
the difficult part.
(vii) Stephen l., Edgework: a social psychological analysis of
voluntary risk-taking. American journal of sociology[7]
Taking voluntary risks is a big part
of American culture, but academics tend to ignore it. The introduction of
edgework, a novel categorization idea, offers a social explanation for this
practice. This method emphasises the sociological significance of voluntary
risk-taking by attempting to link risk-taking behaviour with structural
features of contemporary American society. It is based on Marxian and Meadian
frameworks.
B. Research problem
Examining the thrill-seeking behaviour
that causes a person to focus on taking risks and engaging in risky behaviours,
this behaviour is known as the ‘personality predisposition’. The number of
plaintiffs waiting outside the court, and these aren't your typical litigants
either—these are the people who were hurt while playing a riskier activity that
put their lives in danger. 'Extreme Sports' is the phrase used to describe
these sports. Extreme sports are those that put the athlete who is playing or
taking part in them in serious risk. There are instances when the risk is so
great that they may perish. However, these people are ‘Driven by risk’.
According to research with over 4 million occurrences of deadly sports
injuries documented between 2000 and 2001
The primary research problem of
this research is to examine the contractual application, right waiver, and
associated risk when permission is granted for the acceptance of a waiver
contract, as well as the athletes' right to compensation that is refused.
C. Research question
1.
Whether
risks and issues related to safety are appropriately measured to reduce the
chances of accidents.
2.
Whether
or not injured athletes get enough pay and recompense.
3.
Whether
the general public's acceptance of extreme sports may lead to a change in how
sports funds are allocated in light of probable accidents.
D. Scope
The scope is limited to the
extreme/dangerous sports which are played on an international level like
motor-bike racing, boxing, skiing etc.
This paper also intends to touch upon the type of contract signed by athletes
for these extreme sports and what kind of remuneration and compensation are
provided to them using appropriate case laws.
E. Objective
The objectives of this paper are:
1.
To
investigate the psychological factors underlying the risk-driven activity
approach
2.
To
determine if the athlete is currently receiving any kind of remuneration
3.
To
provide recommendations for changing the current risk management procedures
while taking into account the problems athletes encounter as a result of the
contract they signed.
F. Hypothesis
1.
Better
compensation plans and the development of more efficient risk management
techniques will improve the sports environment.
2.
In
the event of an injury, athletes are not given the proper compensation or
aftercare services.
3.
Certain
nations allocate their cash improperly, providing their athletes with the bare
minimum of recompense in the event of an injury.
G. Research Methodology
The research methodology that this study will use is a
doctrine-based approach. For further reference, people will examine
pre-published research papers, essays, blogs, news articles, and other journals
and publications. In order to conclude, this research also aims to essentially
analyze instances of case studies.
II EXTREME SPORTS
A. Extreme Sports: An Introduction
The
number of litigants standing outside the court, and these litigants are not
just the usual ones, but rather the ones who suffered an injury because of
their own wilder act of risking their life for a sport. These sports are
commonly termed as ‘Extreme Sports’. Extreme sports are the kind of sports that pose a grave danger
to the sportsperson playing or participating in them. Sometimes the danger is
to the extent that they can lose their life. But these individuals are ‘Driven by risk’.
The
issue herein is, ‘Why are they standing outside the court’. Take into reference, the famous Travis Pastrana, a
professional motocross competitor who has suffered ten concussions, twelve
operations, more than thirty broken bones, and one-time temporary
paralysis.[8]
Even after all these incidents, his common reply to the press was ‘It was worth it’.[9] Unlike
Pastrana, not everyone considers injury to be worth the risk they take for a
game. Sometimes the accidents are not because of their fault but rather because
of other conditions, which could be other riders' fault or issue with the race
track, or the faulty safety equipment, being the reason behind the same players
standing in a qua outside the courts. The major problem encountered by the
sports competitors is the principle of Negligence and contractual obligations
of ‘assumption of Risk’ which waives off their right of
compensation or any other remedy against the host or the sponsor or against any
other entity. Their ‘voluntary acceptance’ of the sport and the proposed risk is enough to waive their rights.
However,
the assumption of risk and contributory negligence here in these cases go hand
in hand, which in most cases backfires the plaintiff if they failed to take the
required reasonable care. According to the data collected, there has been
a significant rise of 25% in participation in extreme sports since 2009.[10] Indicating
the rising interest in the spectators towards these games. These sports have
gained popularity to the extent that they are more frequently used for
advertisement purposes whether be it for the advertisement of a sport or of a
vehicle, Nissan Xterra being the most controversial example of it. The related
controversy attached to this vehicle is that in one of their advertisement,
they depicted that this car comes with its safety and medical kit which was
used by one of the extreme sport competitors who later got injured and used the
same medical kit. It was stated by the spectators that this car’s advertisement rather gave the message
of ‘Definitely and
Defiantly not for those who are married or have kids’.[11]
The
word ‘extreme sports’ was generally never used in the sports
and competition field unlit 1995 when in Rhode Island, the summer X games
featured twenty-seven events which included several different games
including downhill skating, sky surfing, skateboarding, mountain and dirt
biking, sport climbing, number of water events and several cross country
orienteering race.[12]
Even though this list of games just looks like a grocery list, the same games
involve near-death risk, where illegal jumps from buildings, cliffs, hills, or
antennae are termed as ‘death-defying spots’. Even after knowing the possibility of death during these games
men between the ages of 18 to 34 are the most attracted to these sports, which
attracts greater advertisement and greater sponsorship, which overall leads to
greater money.
The
risk factor in these games has always been the right infant of the
participant's eye, yet the growing number of male participants and some but
very growing number of female participants tend to ignore the work ‘extreme’
and merely focus on the word sport. Their maneuvered
moves can push the risk, but natural factors or other contestants' wrong moves,
are some of the main factor that leads to greater injury in this field.
B. The Risk-Taking Behaviour
Exploring
the thrill-seeking behavior making an individual revolve around risk-taking
activities and behavior, the same behavior is referred to as the ‘personality predisposition’
(Lyng, 1990). This behavior creates a
dichotomy of two different personalities, one that takes risks, is driven by
adrenaline, and seek pleasure from risky activities to the type of personality
that avoids risks or fears them. This further creates a diversion of characteristics
like ‘introvert and
extrovert’, ‘narcissistic and anaclitic’, and ‘philobatic and ocnophilic’, where philobatic type of
personality enjoys the uncertainty, the risks, and challenges whereas the
ocnophilic are now for their avoiding behavior (Balint, 1959[13]). By these behavior characteristics, the philopatric type of
individuals are often termed ‘sensation seekers’ ((Zuckerman et al., 1964).[14]
This
theoretical assumption was first applied by Freixanet 1991,[15] to
analyze their behavior and their risk-taking attitude, to explore the
relationship between their attitude toward participating in extreme sports and
their personality, He 27 alpinists, 71 mountaineers, 221 sportsmen and 54
subjects who do not engage in any extreme sports activity. His observation was
that the sports contentment who are driven by thrill, in. Conformity with
social norms, socializing behavior, emotional stability, and pursuing
experiences by a socialized structure are more likely to engage in adventure
activities. The typical population is capable of inducing the "fight
or flight" response even while engaging in safe activities that help
people adjust to changes or uncertainties, such unfair challenges and emotional
experiences.
Another
study taking into reference the study conducted by Freixanet, it was noted that
the psychological profile between the athlete in normal sports like rugby or
football to the rock climbers was observed that they possess an ‘iceberg profile’. The factors that led to this conclusion were that the rock
climbers (57 contestants) were either using Profile of mood states (POMS),
Locus of Control Test (LOC), The sports competition anxiety test (SCAT), and
Sports attitude inventory Test (SAI). They possessed the following attributes:
low anger, tension, depression, mood disturbances, and high vigor.[16]
According
to recent research, participating in risky extreme sports accomplishes
objectives other than just raising heart rate. Participants in climbing and
ocean rowing showed lesser interpersonal agency and increased alexithymia,
especially in romantic interactions. Even when sensation-seeking was
suppressed, there was an increase in agentic emotion regulation and motivation,
indicating that participants' motivation is influenced by variables other than
sensation-seeking. The Reversal of the theory of Lyng, Apter, and
Csikszentmihalyi challenged earlier research on adventure activities by
demonstrating that taking risks is a complex behaviour influenced by a variety
of factors. This underscores the need for a more nuanced understanding of
motivations in extreme sports.[17]
C. Injury, Casualty and Death Rate
With
the observation of how young people are drastically attracted to this kind of
sport and volunteer irrespective of the risk attached to it. A large number of
people still volunteer and take part in these games. Even though there have
been numerous death or injury cases, they have barely impacted the minds of the
youth.
Referring
to the study conducted by Vinay K. Sharma and Juan Rango, it was revealed that
in 200 and 2001, there were over 4 million reported cases of extreme sports
injuries, out of which 11.3% were HNIs. Out of all the reports of HNI cases,
17% were neck injuries and 83% were head injuries. According to the same
report, the major 4 sports that recorded this injury rate were motocross,
skateboarding, snowboarding, and skiing. The study also revealed that there
were 2.5% reported injuries that were of severe cervical and skull injuries.
One recent incident is of the famous motocross rider Bence Szvoboba, who died
on 14 June 2023 because of a serious injury incurred during the race. He was a
ten-time Hungarian, two-time Czech, and one-time Austrian motocross champion.[18]
In
another study conducted by Andrew Mclnton, Lauren Fortington, Declan Patton,
and Caroline Flinch in Australia,[19]
the study statistics show that the narrowed type of extreme sports, only
including the sport of kaya kicking, paragliding, motorbike racing, rock
climbing has noted 693 deaths and after expanding the same definition, and
including horse racing, and diving, the same death rate hikes to 995 cases. It
has also been observed that 88% of the participants were male. The study also
analyzed the death rate in extreme sports like paragliding, parasailing, and
sky diving, where 50 reported death cases were noted and the case of death was ‘sudden force trauma 65%, drowning 20%,
and cardiac 11%’. It was further observed that the NCIS (National Coronial
Information System) in Australia has closed several cases of injury (including
fatal injury cases) from the year 2000 to 2016.
Inspired
by the increasing rate of injuries and causalities, the craze for these extreme
sports is increasing like wildfire. One might think that the knowledge of an
accident will create a deterrent effect in the minds of other participants, yet
these injuries and accidents only somehow motivate them to strap their
protective gear not considering the possibility of injuring themself or the
other participants. One of the study, it showed that the knowledge about these
deaths and injuries is likely to be known by the participants under the age of
25. Also, 47% of the participants are most likely to be unaware of the injury
or death of the recent fatalities.[20] This
raises the question that, of why should these amateurs be allowed to take part
in these games when they are unaware of the attached injury or are unaware of
the possibility of injuring someone else. The same question is raised from the
statement made by the Skier Nathan Hall who was convicted of fast skiing and
killing someone. He made a statement to the court that ‘he did not know that fast skiing could kill someone.[21]
III. EXTREME SPORTS AND
LEGAL ACCOUNTABILITY
A. The Contract And Waiver Of Rights
With the fact that participation in extreme sports is
growing tremendously, someone has to sponsor organize the game for the
participants, and create an entire event. To protect themselves from any
unfortunate event of an athlete getting injured, the sponsors or the event
organizers would fly to make a contract that will minimize their legal duty in
any of the unfortunate incidents. The contract which these organizers or the
sponsors make is also known as the express assumption of risk where it is
mentioned in the contract itself that the defendant has no duty to protect the
plaintiff, as the plaintiff has given his expressed consent to release the
defendant from any of the attached liability towards any negligence which he
can be charged of.
For further reference, this paper will analyze the
contract drafted by the International Freeskiers Association (IFSA)[22].
Some of the important aspects to note after analyzing the contract drafted by
the International Freeskiers Association events list the following clauses that
restrict the rights of the contestants and provide complete indemnification
only to the Association.
Those classes are as follows:
i.
Clause
three of the contract mentions ‘Competitors accept and understand the various
forms of hazardous Sports and the possible risk’ [23]
ii.
Class
three also mentions 'competitors available of the injuries attached with the
game and they agree as a condition of being allowed to compete in IFSA
sanctioned events and they voluntarily assume all risk of personal injury or
death'
iii.
The
warning clause states that ‘the skier assumes the risk of injury of person or
personal property or any result of damage inherent during the scheme may not be
covered by the Association’[24]
It further includes ‘changing weather conditions, existing in changing snow
condition, bare spots, rocks, trees, collisions with natural object, man-made
object, or with the other skiers, or the
failure of skiers to ski within their ability.’ [25]
iv.
Clause
four states Competitive competitors assume all the risk and indemnify IFSA. Any
other person or employee related to IFSA is free from any liability, claim,
demand acquisition, and cause of action whichever is related to injury or
personal death of the participant. It also does not limit to the damages caused
due to negligence or breach of warranty by IFSA.[26]
v.
Clause
six mentioned that, in case of any injury during the event, the competitor
agrees for the transportation and any medical services provided and it is also
mentioned that the IFSA will not have any responsibility to pay all the cost
incurred or of the medical care provider during the transportation and what is
the point mean hold IFSA free from any of these above-mentioned charges[27]
After analyzing the clauses mentioned in the IFSA
contract, it is visible that IFSA has tried to incorporate all the possible
clauses that would free them from any of the liability attached in case of any
personal injury or death of the participant. It is further notice that clause
three which talks about the other circumstances that could be a leading factor
towards an injury is not covered by IFSA even though the circumstances cannot
be controlled or managed by the participant, but rather should be managed by
the Association itself. Another clause related to the medical expenses lacks
the factor related to the cause of injury, instead, they made a universal
clause restricting all sorts of compensation or medical allowances to be
provided to a participant after an injury depicting their intention of ‘no
involvement in any injury’. This contract also shows how the association
has tried to ignore and eradicate the possible compensation that a participant
might claim after an injury caused due to any equipment, failure, or any
negligence committed by the Association or an employee of the association being
the leading factor of the injury caused.
Some of the cases that show the waiver of liability being
upheld by the court because of the strategic drafting of the waiver are the
case of Banfield
v. Louis[28], where Benfield took part in bicycle racing
and got struck and seriously injured by a motor vehicle operated by Louis the
court focus on the signed a waiver and stated that being well aware of the fact
that the signature to the contract depicts the willingness of, releasing the
sponsors, event organizers or the agent from any other liability, later the
same participant cannot induce any liability on them. Even though the plaintiff
explained the value of public safety, the same was not taken into consideration
by the court because of the signed waiver.
In another case of Gregory v. Alpine Meadows Ski Corp[29],
In this case, Jessica a famous snowboarder signed a waiver of liability
contract with the defendants. Later during her competition because of the icy
conditions, she slipped and hit a huge shock due to which she died instantly.
Later when can you present a Tips and guardians asked for the liability claims
the same claims but denied by the court because she signed a waiver contract
with the defendants and was completely aware of the fact that she was freeing
them from any liability-induced through any incident or accident, making the
plaintiff's claim irrational in the court.
The intention behind the formation and construction of
this contract is to avoid any liability that can be induced by any participant
because of any negligence committed by him or by the
organizers/agent/corporation/Association. Even though the same contracts could
be seen as a possible factor in not taking part in these extreme sports,
because of the increased participation and the increased possibility of risk,
injury, and death, these organizations or associations formed an intention of
creating a contract in such a way which could not only restrict the right of
the participant but to also save themselves from huge compensation claims and
other torches liability. The reason behind the increase in participation is not
just that it includes a thrill factor but also that these sports or stunts are
commonly used not just for advertisement purposes but also in big-budget,
movies or films, making it a factor to attract audience and printing. an image
of how risky yet. Fascinating these activities are.
B. The Governing Factors And Compensation
Scheme
Whenever there is a debate related to the compensation
scheme to be provided to sports athletes who take part in extreme sports, it is
highly noticed that the same debate on highly discouraged by the Association or
the agent or the organizers because when my screen they would be accountable to
pay millions of compensation to the sportsperson being injured during the
event. While analyzing the governing factors of different countries to support
the claims of compensation and provide a demo compensation scheme, this paper
takes into consideration the Western Australia Parliamentary debates related to
the Workers Compensation and Rehabilitation Act, of 1981. Taking into
consideration the Commonwealth v. Oliver[30] case
where despite continuous debates and previous judgments stating that the
sportsperson should not be allowed any compensation under this act, this case
gave a remarkable judgment of stating that the contract signed by the
sportsperson with the organizers of the event, managers can be termed as a
contract of employment and in spite being numerous cases where the workers have
been denied compensation under the same act, in this case, the court mentioned
that the act does not specifically restrict sporting activities or any
activities related with sports which could cause disabilities from attracting
compensation. The court laid that the employer that is the
organizers/Association is liable to provide compensation in case of
employer-sponsored social event or in case of events where the activities or
the main activity equipment for example, the swimming pool or the fitness
equipment which is the essential part of the game, and without which the game
cannot be played.
In another Australian case Wolmar v. Travelodge Australia LTD[31], the court herein intended to provide a
clearance regarding the debate of whether sports activity should be dealt with
under the WA Act or not. In this case, the court stated that whenever there is
a debate regarding the compensation to be payable to any athlete, the relevant
factor is to notice whether the disability is incurred during employment and
secondly whether the main contributing factor to the disability is the type of
employment itself. The court also stated that when sports activities are
sponsored and encouraged by the employer, the compensation related to any
incidental injury has to be sustained by the employer or the organizer.
Take into reference New South Wales which took an active
step towards challenging the clauses of the employment contracts or support
contracts that limit or restrict the rights of the sportsperson or specifically
limit their insurance protection claims. In the case of Allen v.
Penrith District Rugby League Football Club[32],
the court failed to determine the intention of the industrial commission by
avoiding potential arguments and challenging the restrictions mentioned in the
workplace agreement. In this case, the court stated that the contract was not
providing the increased benefit of medical expenses and other remunerations to
the sportsperson who has incurred an injury. The same judgment was overturned
by the full bench[33].
The rising question of who should be held liable in case
of negligence, not committed by the plaintiff, the issue is because of the
signed waiver contract. The plaintiff fails to get the appropriate compensation
he deserved[34].
In that case, the court stated that one of the main factors in determining the
liability is the rules and regulations of the sport. When any act is done by
the rules of the game, then the same does not give rise to any legal liability.
In another case Johnston v. Fraser[35],
where the horse jockey aggressively ran towards the plaintiff due to which the
plaintiff incurred serious injuries, in the case because the act was not a part
of the game or was not stated in any of the rules, the defendant hearing feel
it read that the plaintiff consented for the act.
In another case study of Prichard Colon, a former boxer,
whose parents are still seeking a lawsuit with compensation of more than $50
million. The complaint was filed in the Supreme Court of Columbia where during
the match Richard faced illegal and unauthorised punches on his head by the
rival boxer. Even though the punches delivered were illegal, the referee
continued to ignore them until a moment when he started, feeling dizzy and was
rushed to the hospital. Prichard later fell into a coma and suffered several
brain injuries, making him disabled for life. The box parents are still
fighting the lawsuit yet, no progress has been noticed. In one of the
statements given by the boxes, the mother stated that their family has been
Financial problems to sustain the health of their disabled child. This case
clearly shows that despite the negligence committed by the opponent box and the
referee, the consequences are faced by Colon and his family members every day.
It was also noticed that just to shift the liability from the association to
any other individual, as per the report released by DPOR, it stated that the
medical treatment provided to the boxer during the match is the "sole
responsibility”[36]
of the doctors and were completely in line with the requisite medical
procedures.
IV. CONCLUSION
Sports
include more than simply a single phase of a two-player game. several sides or
parties involved. It's also about the chance we take to live the dream and meet
the standards that our family, supporters, and spectators have established.
There is a greater component when severe or dangerous sports are taken into
account. When we discuss risk, we are talking about more than simply the
potential for an injury or a broken bone; rather, we are talking about the
potential for permanent disability or, in many situations, even for death.
When
someone participates in these extreme activities, we often forget that they
might lose their lives due to a serious safety equipment failure or from the
host, association, agent, or organizers' incompetence. Even while the neglect
may appear little, it might seriously hurt the individual. As the
aforementioned cases have already demonstrated, there have been situations in
which the organizer was found to have acted negligently rather than on behalf
of the participant, but despite this, the waiver contract prevented any
liability from being imposed and the participant was not awarded compensation.
It
is challenging to say that participants should receive compensation because
determining ‘who is at fault' in situations where a contract removes
participants' ability to sue for damages and places them in a vegetative state
where they are ‘not able to sustain their medical expenses’ is another
challenging factor.
It
is impossible to overlook the Australian government's proactive approach in
broadening the definition of employment agreements to include sports contracts.
Several court rulings have established that employers are responsible for
paying benefits if that an employee is
hurt as a result of their negligence.
Taking
this into account, it is appropriate to say that certain clauses that exclude
the participants' right to sue should be ruled invalid and that participants
who have suffered injuries—and occasionally even lost their lives—should
receive compensation and be held liable.
V. RECOMMENDATION AND SUGGESTIONS
Following
an analysis of the aforementioned case laws, research, papers, blogs,
newspapers, articles, and various journals pertaining to risk management,
extreme sports compensation schemes, who should be held accountable for
injuries sustained in these sports, and landmark rulings to bolster injured
athletes' claims, this paper makes the following recommendations:
(i) The weaving contract's
provisions that expressly address the organization, agency, or association's
waiver of obligation for negligence shall be deemed null and unenforceable, and
the appropriate compensation must be given.
(ii) Governments need to back
the notion of incorporating sports contracts into employment schemes and
compensation acts, and provide active compensation in situations involving
employers, carelessness, and default. A reference for that can be taken from
the Workers Compensation and Rehabilitation Act 1981 and the judgement of
Commonwealth v. Oliver[37]
and Wolmar v. Travelodge Australia LTD[38]
(iii) Any failure in the
game's organization, including but not limited to racetrack default,
non-availability of a medical team, etc., should result in liability of the
organization.
(iv) The legislation should
pose a better regulations safeguarding the rights of players and must pose a
stringent regulation regarding the accountability of sponsors incase of
defaulted products.
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Popular Culture, and the Boundaries of the Criminal Law; University of Colorado
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From the book ‘THRILLS AND REGRESSIOS’, (1959)
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[14]
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https://psyarxiv.com/pqdxc/download?format=pdf
[17]
Stephen L., Edgework: A social psychological analysis of voluntary
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SOCIOLOGY, (1990), https://www.jstor.org/stable/2780644
[18]
‘Motocross
Champion Dies of Injuries Sustained during race’, HUNGARY TODAY, 15 June 2023,
https://hungarytoday.hu/hungarian-motocross-champion-dies-of-injuries-sustained-at-a-race/
[19] Andrew M., Lauren V., Declan P,
Caroline F., Extreme sports, extreme risks. Fatalities in extreme sports in
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[20] Jason Burke and Denis Campbell, ‘Speeding skier
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[36]
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Article Information
EXTREME SPORTS: AN ANALYSIS OF WAIVER OF RIGHTS CONTRACT AND COMPENSATION MECHANISM FOR ATHLETES INVOLVED IN EXTREME SPORTS
Authors: VAISHNAVI UPADHYAY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/07
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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