Liability in Activities in the Natural Environment in the Region of Catalonia. Preventive Measures

Eduard Inglés Yuba

Jordi Seguí Urbaneja

*Corresponding author: Eduard Inglés Yuba eduard.ingles@gencat.cat

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Cite this article

Inglés Yuba, E., & Seguí Urbaneja, J. (2012). Liability in Activities in the Natural Environment in the Region of Catalonia. Preventive Measures. Apunts. Educación Física y Deportes, 109, 89-97.  https://dx.doi.org/10.5672/apunts.2014-0983.es.(2012/3).109.09

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Abstract

The use of the natural environment as a sports arena has led to the proliferation of the increasingly popular “adventure, hazardous or natural environment sports”. This entails and results in an increase in the number of accidents and consequently in liability claims filed in this regard. What is liability and when does it arise? What are its legal limits? How does it affect the stakeholders involved in the activities in the natural environment: organisers, instructors and practitioners? This article examines the legal system and its regulation of a) the activity, b) the qualifications required to practise it and c) the liability attributable to participating stakeholders. Finally, it also contains proposals for action for professional organisers and instructors so that they can tailor their actions to comply with the regulatory framework governing liability.

Keywords: liability, natural environment, prevention, risk principle, sport.

ISSN: 1577-4015

Received: March 27, 2012

Accepted: June 4, 2012

Published: July 01, 2012