2019, Volume 1, Issue 1

Trainers and sports clubs civil liability for contestants’ injuries caused during sports training or competition as regulated in the Polish legal system?

Cezary Waldziński¹, Ewa Waldzińska¹, Aleksandra Durzyńska¹, Tomasz Waldziński¹, Kazimierz Kochanowicz<sup>2

1</sup>Lomza State University of Applied Sciences
² Department of Theory of Sport and Human Motorism, Faculty of Physical Education, Gdansk University of Physical Education and Sport


Author for correspondence: Tomasz Waldziński; Lomza State University of Applied Sciences; email: twaldzinski@pwsip.edu.pl

Full text

Abstract

‪The issues with the injuries caused by the sports trainings are strictly related with the legal liability of natural and legal persons directly participating in sports activities, including trainers, medical staff, sports clubs, organizers of the sports events, equipment and devices manufacturers, the owners of sports facilities and the contestants themselves.  

‪Sports injuries are integrally related with training any sport discipline. The consequences may vary, from slight health detriment, not requiring medical support, through loss of or permanent damage to health, up to death of the contestant. Without doubt, occurrence of these adverse effects of sports training shall be limited to minimum in every and each sports discipline. The essential role in this matter belongs to the trainers, who carry penal and civil liability for any infringements (acts and omissions). The trainers’ obligation is not only to prepare the contestant to the sport rivalry but also to provide safety during sports training. As referred to in the jurisprudence, the trainer has a very special duty to provide the proper conduct of training, not only with regard to complying with the rules applicable in each sports discipline, but also with respect to the contestants’ utility to participate in the training.

Key words: civil liability, injuries, sport training