The Elements and Effects of Civil Liability of Sports Clubs in Iraqi and Iranian Law

Abstract

The scope of civil liability for sports coaches and instructors is very broad and includes accidents caused by athletes' personal equipment, which can be harmful to the athlete or others. The general principle is that coaches are legally obligated to use these equipment in accordance with sports regulations, and in the event of a conflict, they must prevent participation in or continuation of play. The legal standard and rule regarding players' equipment is the risk posed by these equipment. Therefore, caution requires coaches to refrain from using players and any prohibited equipment that can be expected to pose a risk. The most important basis that courts can rely on to convict or acquit management regarding personal equipment use is sports regulations. Coaches are responsible for monitoring the implementation of these regulations, and if they commit negligence and cause harm based on civil liability law, they will be held accountable. The harm or injury results from their imprudent use in the performance of their duties. It is important to note that the mere expression of a coach or instructor prohibiting the use of unauthorized equipment does not exempt them from liability. Civil liability for the health and safety of sports equipment is not solely the responsibility of the coach or sports teacher. It also includes other individuals, such as the gym management or managers of organizations under whose supervision the gym is operated, such as the physical education director, the training and education officer, or the school principal. They may also be held responsible in some cases. However, it is the responsibility of the coach or sports teacher to visit and thoroughly inspect the equipment before the start of the sports activity and issue a permit for its use after fully ensuring its safety and proper functioning. Attention to the content of regulations relating to the specifications of these equipment, in addition to the technical aspect, indicates a concern for their safety and health to avoid harm to athletes and others. It would be inappropriate to say that the latter priority was more important. The responsibility of sports management also includes attention to safety conditions in sports facilities. The laws, regulations, and constitutions for various sports make it clear that coaches or supervisors are responsible for inspecting and inspecting the conditions of the place where athletes practice sports activities with sufficient care to ensure the absence of any danger. The safety of sports equipment and tools is the responsibility of coaches, sports teachers, referees, and supervisors. Even if sports administrations are legally responsible in this regard, it will not affect their civil liability, as caring for athletes is one of their duties.