Spectatorial duty of care in sports: From hooliganism to game-disruption

Saxena, Siddharth (2020) Spectatorial duty of care in sports: From hooliganism to game-disruption. Journal for Sports Law, Policy and Governance, 2 (1).

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The question of who is liable for the offending actions of spectators at sporting events is one that has remained largely unanswered. An understanding of the same becomes especially relevant in light of the increase in recent occurrences of riots, game-disruptions and intra-spectator violence. Therefore, the author hopes to provide a comprehensive answer to this question through a jurisprudential analysis and an application of the principles of tort law to sports within a comparative framework. There are three groups of people on whom such liability could lie the stadium authorities, the clubs, and the spectators themselves. The lack of a universally applicable answer arises from the fact that the liability does not in every case fall on the same party, but, instead, it is often determined based on whom the duty of care was owed to, and the particular circumstances of the offence. It is even possible for the liability to fall on multiple parties simultaneously. However, the inability to achieve a singular answer should not be seen as counterintuitive. Instead, it holistically enhances the experience of the sport for various actors, because it decreases the likelihood of game disruptions in the future. This concurrent liability pre-emptively seeks to curb not only ordinary and reasonably foreseeable occurrences of violence, but it also allows for the existence of liability imposition and remedies when there is an extraordinary situation that could not have been foreseen.

Item Type: Article
Keywords: Spectator violence | Game-disruption | Stadium authorities | Clubs | Spectators
Subjects: Social Sciences and humanities > Arts and Humanities > Visual Arts and Performing Arts
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 29 Mar 2022 07:25
Last Modified: 29 Mar 2022 07:25
Official URL: https://heinonline.org/HOL/P?h=hein.journals/jslpg...
URI: https://pure.jgu.edu.in/id/eprint/1913


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