- 期刊
從「球場」到「求償」：臺灣籃球傷害事件中民事賠償訴訟之判決
From ＂Basketball Court＂ to the ＂Courtroom＂: Judgements in Civil Lawsuits and Compensation for the Basketball Injuries in Taiwan
摘要
在高度肢體接觸的籃球運動中，因碰撞而產生一方肢體上的傷害時有所聞，亦有研究顯示籃球運動是傷害發生率最高之運動。受傷的一方有時藉由法律途徑請求賠償，此時，司法判斷如何介入運動場域的究責，即成重要議題。因此，本篇研究目的為梳理有關侵權行為之籃球傷害事件的判決，並進一步分析之，以釐清司法對於籃球運動場域中傷害事件的責任歸屬判斷。本文研究方法為利用論述分析法分析13件含括各地區、各級法院對於籃球運動傷害事件之民事判決，解構判決中對於法律及事實爭點的判斷過程，並以影響圖畫出各個事實對於侵權法律構成要件的影響，最後描繪出法院判決中的思考流程。研究結果發現在法律構成要件判斷上，行為是否不法及行為人是否為故意或過失為判斷關鍵；在事實判斷上，犯規情形和傷勢大小等皆會影響損害賠償結果的判斷，但程度有別。行為人是否犯規或是否為一個可避免的犯規，影響行為之不法性與行為人故意或過失與否之成立，而成為行為人是否賠償的關鍵，傷勢之大小則其次，僅有部分判決受此影響。本研究結論：運動規則在責任歸屬判斷上扮演重要角色，但仍須考量系爭動作是否不可避免或屬於常態動作，而在注意義務的標準採定可以是往後研究的重點。
並列摘要
Basketball game is a high physical contact sport, thus it is easy to get injuries while playing the game. With such sports injuries, few players are filing the legal proceeding to get compensation. Consequently, basketball game turned into a civil litigation in the end. In consideration of those cases in civil courts, it became a major concern in Taiwan basketball community, and it is necessary to figure out how courts make their decision in these concerned lawsuit. The purpose of this study was to clarify the statements in those related judgments, and find out the main issue of law and fact. In this study, 13 civil judgments from different areas and levels were included for the analysis, and the relationship between main issue of law and facts was showed by influence chart. The study also drew on the process of thinking model in judgments. The results showed that if any player who, intentionally or negligently, wrongfully violated the rights of another player that would be the key point in their responsibility to compensate. Further, if there was any fault or fault was intentionally or avoidable in events would affect their legal responsibility. Although the degree of injury could influence judgments, this influence is rare. These findings conclude that besides the rules of basketball game, the characteristics of basketball game and frequent physical collision should be taken into consideration. The standard of due care which is applied to everyone in tort liability might be reconsidered in the future.