Collision Liability in Sailing Competitions from Intersecting Perspectives of Maritime Law and Sports Law
As an intersection of maritime law and sports law,the determination of tort liability in vessel collision accidents essentially represents the conflict and coordination between the maritime law's commitment to navigational safety and sports law's advocacy for sports autonomy.This issue primarily involves three levels of relationships:Firstly,at the level of liability types,if a sailing collision accident meets the constitutive requirements of a vessel collision,it equally falls within the domain of maritime law and should be governed by maritime collision law.Secondly,at the level of liability establishment,technical disputes can typically addressed using the Racing Rules of Sailing.However,for liability disputes settled through court litigation,the International Regulations for Preventing Collisions at Sea(COLREGs)should take precedence,considering aspects such as value orientation,legal validity,and party autonomy.Lastly,at the level of liability exemption,when applying the rule of voluntary assumption of risk to sailing collision accidents,the subjective state of mind of the parties should be central.Factors such as the unique maritime risk associated with sailing activities,the severity of property damage to vessels,and the presence of misconduct should be comprehensively considered to ensure a stringent identification of gross negligence.
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