Civil liability of professional service providers: (Case study: sports doctors)
Oral Presentation
Paper ID : 1853-SSRC
Authors
1دکتری حقوق خصوصی
2پژوهشگاه تربیت بدنی و علوم ورزشی
3دانشجوی دکترای مدیریت ورزشی دانشگاه شهید چمران اهواز
Abstract
Purpose: In the last century, with the expansion of the scope of knowledge, including medical science, on the one hand, and the quantitative and qualitative expansion of sports, on the other hand, more attention has been paid to this field. Since the nature of sports activities is such that there is often the possibility of injury or its aggravation, in the meantime, the role of doctors and sports medicine in preventing the occurrence and aggravation of injury is very important. The purpose of the current research was to investigate the civil liability of professional service providers in sports (sports doctors).
Methodology: The current research was a qualitative type with a content analysis approach. In this research, the studies were conducted and the laws related to the rights of consumers and professional service providers were analyzed.
Results: Sports doctors due to their contractual relationship with sports teams, they must be present at the venue during training and competitions, and in the event of a sports accident and the absence or late arrival of a doctor and the aggravation of the athlete's injury, they will be held civilly responsible. Since the services provided by sports doctors are mere services and do not lead to the production of goods, the basis of their civil liability will be different depending on whether or not they have a contractual relationship with the other party. If there is a contract in accordance with Article 2 of the Consumer Protection Law approved on 7 October 2009, professional service providers are the guarantors of the health and safety of their services and should not offer defective services to their clients.
Conclusion: The basis of responsibility of sports doctors towards the contracting party (sports clubs) for obligations to achieve a certain result is strict liability and for obligation means and regarding third parties (injured athlete) who have no contractual relationship, is fault-based liability. The provider of professional services is responsible for compensating losses caused by their fault (objection of professional obligations) against third parties based on the general rules of tortious liability.
Methodology: The current research was a qualitative type with a content analysis approach. In this research, the studies were conducted and the laws related to the rights of consumers and professional service providers were analyzed.
Results: Sports doctors due to their contractual relationship with sports teams, they must be present at the venue during training and competitions, and in the event of a sports accident and the absence or late arrival of a doctor and the aggravation of the athlete's injury, they will be held civilly responsible. Since the services provided by sports doctors are mere services and do not lead to the production of goods, the basis of their civil liability will be different depending on whether or not they have a contractual relationship with the other party. If there is a contract in accordance with Article 2 of the Consumer Protection Law approved on 7 October 2009, professional service providers are the guarantors of the health and safety of their services and should not offer defective services to their clients.
Conclusion: The basis of responsibility of sports doctors towards the contracting party (sports clubs) for obligations to achieve a certain result is strict liability and for obligation means and regarding third parties (injured athlete) who have no contractual relationship, is fault-based liability. The provider of professional services is responsible for compensating losses caused by their fault (objection of professional obligations) against third parties based on the general rules of tortious liability.
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