Prpviding a Qualitative Model for Reducing the Tort Law of Sports and Youth Organizations in Sport Incidents

Document Type : Research Paper

Author

MS.C in Sport Management, Sport Sciences Faculty, University of Isfahan, Isfahan, Iran.

Abstract

Objective: This paper aimed to reduce the tort law of sports and youth organizations in incidents that occurred during sports activities.
Methodology: This research had a qualitative approach that was carried out by the Grounded Theory. The statistical population included professors of sports management who were knowledgeable about sports law issues, official judicial experts in sports events, and the authorities of sports and youth organizations of Isfahan province. Sampling was done purposefully using the snowball method. The obtained data were analyzed and then investigated using three stages of open, axial, and selective coding. In the three stages of coding, the main and sub-categories were identified and related to each other.
Results: The results showed that in tort law of sports and youth organizations in sports incidents, causal conditions include non-compliance with standards and non-compliance with laws and regulations, underlying conditions include lack of awareness, negligence in supervision, poor technical management, poor human resources management, and lack of liability insurance, and intervening conditions include individual factors, organizational factors, legal factors, and environmental factors. Also, to reduce the tort law of sports and youth organizations, the strategies include training, information, preventive measures, and privatization, and the implementation of these strategies would result in many financial (such as cost reductions) and non-financial (such as improving performance and organizational effectiveness) consequences.
Conclusion:  It is necessary that the authorities of sports and youth organizations launch some activities to reduce their tort law related to sports events, by increasing awareness of the rules and regulations of sports law and informing others, increasing the supervision of the sports facilities, infrastructure standardization, educating, and taking preventive measures.

Keywords

Main Subjects


  1.  

    1. Hamer, M., Lavoie, K L., Bacon, S L. (2014). Taking up physical activity in later life and healthy ageing: The English longitudinal study of ageing. British Journal of Sports Medicine, 48(3), pp: 239-43.
    2. Ghodsi, A M. Afsharkhan, J Atarod, Ahmad. (2014). Investigating the effective factors on the participation of female students of Bu Ali Sina University in sports activities. Socio-psychological studies of women, No 2, pp: 167-196. (Persian).
    3. Navabakhsh, M. Kamal Javanmard. (2013). Sociological study of the function of sport on social cohesion in Iran in the eighties, a case study in Kerman, Iranian Social Science Studies, Vol 11, No 41, pp: 37-54.
    4. Davis, B., Menard, S. (2013). Long term impact of youth sports participation on illegal behavior. The Social Science Journal, No50, pp: 34–44.
    5. Rafael, B., Florentino, H., Enrique, M., Daniel, S. (2017). Sport participation and vigilance in children: Influence of different sport expertise. Journal of Sport and Health Science, Vol 7(4), pp: 497-504.
    6. Mirmohammadi, SM. (2013). Qualitative analysis and analysis of the integration of government agencies: the integration of the National Youth Organization and the Physical Education Organization. Management Research in Iran (Teacher of Humanities), Vol 17, No1, pp: 1-19. (Persian).
    7. Aghaie nia, H. (2010), Sport law, 10 editions, Tehran, Mizan Publishing, pp: 14-22. (Persian).
    8. Javan Jafari, A. Safari, S. (2015). Challenges of criminal law in the face of athlete violence in football. Criminal Law Research, No 9, pp: 57-81. (Persian).
    9. Naderian Jahromi, M. (2011). Ethics in Sport. First Edition, Tehran, Publications of the Institute of Physical Education and Sports Sciences, pp: 133-138. (Persian)
    10. Hosseini, SM. Eshaghi, E. (2015). Civil and criminal liability resulting from sports activities, Bi-Quarterly Journal of Civil Law, No 7, pp: 55-67. (Persian).
    11. Yousefi Sadeghloo, A. Nasir, M. (2019). The basis of civil liability of athletes in relation to subjects of sporting rights, journal of law and politics, No 38, pp: 117-140.
    12. Waldziński, C. Waldzińska1, E. Durzyńska, A & et al. (2019). Trainers and sports club's civil liability for contestants’ injuries caused during sports training or competition as regulated in the Polish legal system? Baltic Journal of Health and Physical Activity, Suppl (1), pp: 54-66.
    13. Jalilian, F. Romanian, M. (2018). Civil liability in the sports community in Iranian case law. Scientific-Legal Quarterly of Qanun Yar, Vol 2, No 7, pp: 251-263. (Persian).
    14. Bagheri, M. Adibi Mehr, M. Behnia Far, A. (2018). Responsibility resulting from sports operations from the perspective of civil law and Imami jurisprudence, Journal of Jurisprudence and History of Civilization, No 56, pp:96-117. (persian).
    15. Sharifi, M. (2016). Criminal liability of legal entities in the penal system of Iran and France, Bi-Quarterly Perspectives on Judicial Law, No75-76, pp:81-116. (Persian).
    16. Sharifi,M. Habibzadeh, MJ. Isaie Tafreshi, M. Farajiha, M. (2013). Transformation of criminal liability of legal entities in Iran, Legal Journal of Justice, No 82, pp:117-159. (Persian).
    17. Mohseni, F. Ansari, R. (2019). The interaction of criminal liability and civil liability, Legal Research Quarterly, No 86, pp: 353-379. (Persian).
    18. Ardebili, MA. (2013). Public Criminal Law, Volume 2, Thirty-second edition, Tehran,Mizan Publishing. (Persian).
    19. Rezaei, Sh. (2017). Designing the revenue model of Iranian football clubs: with grounded theory approach. Applied research in sports management, Vol 3, No 23, pp: 101-116. (Persian).
    20. Gholi poor Soute, R. Ismaili, MR. Honary, H. Ghorbani, HM. (2017). Develop a model for the development of knowledge management in the Ministry of Sports and Youth using data foundation theory. Research in Educational Sports, No 13, pp:193-214. (Persian).
    21. Khastar, H. (2009). Provide a method for calculating the reliability of the coding step in research interviews. Journal of Humanities Psychology, No 58, pp: 161-174. (Persian).
    22. Rostamian, A. Badini, H. Izanloo, M. (2012). Civil Liability of Sports Facilities Operators, Master Thesis, University of Tehran, Kish International Campus. (Persian).
    23. Yazdanian, A. (2014). Drafting the Theory of Civil Liability Due to the Actions of the Governing Body, A Comparative Study of Iran and France, Quarterly Journal of Private Law Studies, Vol 44, No4, pp: 633-651. (Persian).
    24. Gholami Tarksaloyeh, S. Mehdipoor, A. Tahereh, A. (2015). Assessing the safety and health status of multi-purpose sports halls and its relationship with the occurrence of sports injuries, Applied research in sports management, No 2(14), pp: 23-34. (Persian).
    25. S, Mehdipour. A, Azmsha. T. (2012). Assessment and identify the Amount and causes of sports injuries: A case study in Footstall players. International Research Journal of Applied and Basic Sciences, No 3(4), pp: 708-712.
    26. E.A, Van Stralen. M.M, Van Mechelen. W. (2010). Behavior, the key factor for sports injury prevention Sports Medicine. No 40(11), pp: 899-906.
    27. G.D, Fritschy. J.L, Ziltener. J.M. (2011). Professional ice hockey injuries: a 4 years' prospective study, British Journal of Sports Medicine. No45(4), p: 366.
    28. N. Anisi, M. (2016). Civil Liability and Sports Insurance, Comparative Iranian and International Legal Research, Vol 9, No 34, pp: 27-52. (Persian).
    29. Mirsafian, HR. (2017). Examining the knowledge of sports coaches about their legal duties towards athletes. Research in Educational Sports, No 13, pp: 111-134. (Persian).
    30. Bonyan, A. Kashef, M. (2014). Differences in legal awareness and civil liability of male and female sports coaches in sporting events. Applied Research in Sports Management, Vol 4, No 8, pp: 90-79.
    31. Singh, C., & Surujlal, J. (2010). Risk management practices of high school sport coaches and administrators. South African Journal for Research in Sport, Physical Education and Recreation, Vol 32(1), pp: 107-19.
    32. Staurowsky, E.J., & Weight, E.A. (2011). Title IX literacy: what coaches don't know and need to find out. Journal of Intercollegiate Sport, No 4, pp: 190-209.
    33. Shahbazi, A., Berelyan. P. (2018). Doping in international sports law and the position of the sports arbitration court in coordinating international practice in this field. Strategic Studies in Sports and Youth, Vol 17, No 39, pp: 153-168.
    34. Bin, H., Lanjuan, L. (2019). The Important Role of Traditional Sports Culture in Promoting the Development of Sports Population. 5th International Conference on Education Technology, Management and Humanities Science (ETMHS 2019), pp: 469-73.
    35. Carroll, M S., Connaught D P. (2006). Proper Maintenance of Athletic Fields and Legal Liability, Journal of Physical Education, Recreation & Dance, Vol 6, No3, pp: 50- 77.
    36. Donaldson A, Borys D, Finch C, Middleton M. (2008). Developing an instrument to assess the Sports Injury Risk Management Systems (SIRMS) of community sports clubs. Journal of Science and Medicine in Sport, No 12(2), pp: 88- 97.
    37. Saleh Nia, B. Mirzaei, M. (2014). Investigating the situation of risk management in indoor sports halls of Region 8 of Islamic Azad University, Journal of Educational Management Research, Vol 5, No 20, pp: 167-196. (Persian).
    38. Ojagh, S A. Akbari Yazdi, H. (2019). Safety management in the 12,000-seat Liberty Hall, a failure analysis function, Sports Management and Development, Vol4, No20, pp: 106-125. (Persian).
    39. Sarbazian, M. Sokhanvar.M, Rahimi Pordanjani, A. (2017). Principles of Civil Liability Arising from Bodily Injuries in Iranian and English Law, Journal of Politics and Law, Vol 10, No5, pp: 8-16.
    40. Králík, M. (2015). Civil Liability of Sports Participants for Sports-Related Injuries in The Central Europe and in The Czech Republic, The International Journal of Social Sciences and Humanities Invention, Vol 2(1), pp: 1021-1047.
    41. Pour Naghi, A. Farahani, A. Mahdavi Klishemi, Gh. (2016). Comparative study of different models of sports insurance in selected countries and Iran, New Trends in Sport Management, Vol4, No13, pp: 114-99. (Persian).
    42. Bing-Feng, Y. (2009). Comparison of international sports insurance systems and enlightenment. Journal of Wuhan Institute of Physical Education, Vol 43, No9, pp: 34-40.