孩子花滑课上摔骨折 机构甩锅“自甘风险”？法院判赔→

Core Viewpoint - The case highlights the legal responsibilities of training institutions in sports-related injuries, particularly focusing on the application of the "voluntary risk" principle and its limitations in protecting institutions from liability [17][22][30]. Group 1: Incident Overview - An 11-year-old figure skating student suffered a femoral fracture during training, leading to a lawsuit against the training institution and coach for compensation of medical and emotional damages [5][30]. - The training institution argued that the injury was a result of the student's voluntary participation in a high-risk sport, invoking the "voluntary risk" principle to deny responsibility [13][30]. Group 2: Legal Analysis - The court examined the applicability of the "voluntary risk" principle, which requires four conditions: voluntary participation, inherent risk of the activity, damage caused solely by other participants, and absence of intent or gross negligence from others [18][21]. - The court determined that the injury was not caused by other participants but rather by the student's own actions during a challenging maneuver, thus ruling out the application of the "voluntary risk" principle [21][24]. Group 3: Court's Decision - The court found that the training institution failed to fulfill its duty of care, particularly in light of prior warnings from the student about physical discomfort, and inadequate supervision during training [26][30]. - The training institution was held responsible for 80% of the damages, amounting to over 80,000 yuan, while acknowledging that the student and guardians also bore some responsibility due to the inherent risks of the sport [30][29]. Group 4: Recommendations - The ruling emphasizes the need for training institutions to prioritize student safety and not use the "voluntary risk" principle as a shield against liability, especially in high-risk sports [32][36]. - Parents are advised to communicate any health concerns regarding their children to training institutions and to ensure that training schedules are appropriate for the child's physical condition [34][36].