Sports and non-sporting injuries
Almost all sports can be practised at amateur or professional level. Generally speaking, it can be seen that even at amateur level, the regulations drawn up for the various sports by the individual federations are followed, although to a more flexible extent. However, it should be emphasised that the practice of sport takes on different characteristics depending on whether one is a professional or amateur athlete.
The observance of the rules of conduct assumes a discriminating function with regard to the sportsperson which is harmful. In amateur competitions, ,the lack of competitive spirit, the absence most often of adequate equipment, forces over sportsmen the observance of the common rules of prudence and diligence, with the consequent assumption of liability under Article 2043 of the Civil Code by the athlete who causes damage to the opponent, teammate and even the spectator. Thus, purely by way of example, liability may be identified arising from the exercise of sporting activities in a manner that is not proportional to the performance of the sporting activity itself. The fault can also be configured in the facility itself, since it does not comply with basic safety parameters necessary for proper and safe conduct, as well as the equipment that the organisation itself is required to provide for the conduct of the athletic activity. It is also the case that the sports organisation offers general accident insurance. In this specific case, the quantification of damages will be linked to contractual criteria.
In sporting activity at a professional level, sports clubs are obliged to protect the health of athletes both through the prevention of events detrimental to their psycho-physical integrity and through the treatment of injuries and illnesses that may be caused by the higher efforts involved in the professional practice of a sport, and they may be responsible of the actions of their sports doctors and all the personnel responsible for protecting the health of athletes.
It must be borne in mind, however, that the health protection precautions to be taken by the employer must be tailored to the specific activity performed by the professional sportsman and his particular exposure to the risk of injury.