Liability for professional athletes’ injuries: a comparative analysis of where the risk lies

James, Mark (2006) Liability for professional athletes’ injuries: a comparative analysis of where the risk lies. Web Journal of Current Legal Issues, 2006 (1). ISSN 1360-1326

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Over the past 20 years, there has been an unprecedented increase in sports labour migration, international competition and litigation arising from sports injuries. As athletes move between jurisdictions and play abroad more frequently, the legal norms that they encounter are often radically different from those with which they may be familiar in their home country. This paper examines the similarities and differences in approach to cases of sporting negligence in England and Wales and France. In particular, it focuses on the substantive law applicable to such sports torts and the problems that are faced by an injured professional athlete who is seeking compensation because of the different approach to the burden of risk in these jurisdictions. The paper begins by outlining this increased internationalisation of sports employment before comparing the applicable law of England and Wales with that of France. It concludes by examining whether these fundamental differences in the burden of risk should lead to a more sports-specific approach to this field of dispute resolution.

Item Type: Article
Additional Information: Journal retitled 'European Journal of Current Legal Issues' in 2015
Uncontrolled Keywords: sports, jurisdiction
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Faculties > Business and Law > Newcastle Business School
Depositing User: Ay Okpokam
Date Deposited: 18 Sep 2013 13:11
Last Modified: 19 Nov 2019 09:54

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