Whether an organizer of a sporting event is liable for injuries unintentionally inflicted by athletes upon spectator during the sporting event?

Abstract

Spectators attending sporting events are subject to the risk of injury from unintentional athletes’ actions, i.e. foul balls, errant pucks, racing cars and more, because many sports involve particular dangers in their nature. As spectators might suffer these injuries it is important to ascertain persons who are liable for them. Therefore the article aims to answer the question whether an organizer of a sporting event is liable for injuries unintentionally inflicted by athletes upon spectator during the sporting event? The analysis of this question is based on two theories of unintentional tort liability. As difference between those two torts theories lies in the content and breach of duty so analysis of sporting events organizers liability will rest on content and application of the duty. In order to examine the raised issues, the article is divided into four parts. Part one is dedicated to define applied concepts of unintentional tort liability by comparing strict liability with negligence. Part two proceeds with examination of strict liability imposition by presenting factors describing abnormally dangerous activity and applying these factors to organizing of a sporting event in the United States and Lithuania. In the third part of the article application of negligence liability to organizers of sporting events in the United States is analyzed. Part four provides some propositions for legal development of Lithuanian law regarding organizer’s liability. Considering the issues analyzed the author of the article concludes, that the favorable standard of duty for an organizer of sporting event should be - duty of reasonable care under circumstances.