スポーツリスクマネジメントの実践 ― スポーツ事故の防止と法的責任 ―

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2 目次 第１章 スポーツリスクマネジメントの考え方と導入の必要性 ··································· 8 １ リスクマネジメントの必要性 ····································································· 9 ２ リスクマネジメントの基本 ······································································ 10 （１）予兆への対応 ··················································································· 10 （２）事故発生後の対応 ············································································· 11 ３ リスクマネジメントの実践 ······································································ 11 （１）リスクマネジメントのPDCA ······························································· 11 （２）損害保険 ························································································· 14 （３）リスクマネジメントの推進 ·································································· 15 コラム① スポーツ活動中の事故やケガは自己責任 ············································ 16 第２章 スポーツ事故発生時の法的責任 ····························································· 18 １ 注意義務と安全配慮義務 ········································································· 19 （１）指導者に課せられる注意義務 ······························································· 19 （２）クラブに課せられる安全配慮義務 ························································· 20 ２ 法人格の有無によるクラブの責任 ····························································· 21 ３ 注意義務と安全配慮義務の法的根拠 ··························································· 21 （１）⺠法709条 ····················································································· 21 （２）⺠法715条 ····················································································· 22 ４ 責任の範囲 ·························································································· 22 ５ 応急処置に関する法的責任 ······································································ 23 ６ 責任が問われなかった事例 ······································································ 24 コラム② ボランティア指導者の責任 ····························································· 25 第３章 指導者としてのチェックポイント ··························································· 28 １ 施設用具の管理（施設・用具の整備、配置） ··············································· 29 （１）施設・用具の整備 ············································································· 29 （２）施設・用具の準備、配置 ····································································· 29 ２ 健康管理・⾝体能⼒の管理 ······································································ 31 （１）無理をさせない ················································································ 31 （２）軽微な事故でも家族・保護者に必ず連絡する ··········································· 31 （３）試合、競技を安全に⾏うためのスキルを⾒極める ····································· 31 ３ 自然条件の把握 ···················································································· 33 （１）雷の⾳が聞こえたらすぐに活動を停⽌する ·············································· 33 （２）熱中症への適切な措置を⾏う ······························································· 33 （３）冬季活動時の⼗分な準備運動を⾏う ······················································ 34 コラム③ 免責同意書の効果 ········································································· 35

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