Sports injuries are not uncommon, but not every injury results in a successful personal injury claim. Liability in sports activities is complicated by the implicit acceptance of risks.
Risks in Sports and Play
During sports activities, participants accept a certain level of risk of injury. This reduces the chance of liability of other players.
Legal Framework
According to rulings of the Supreme Court, athletes must tolerate more risky behavior from fellow players than in everyday situations. This does not completely rule out liability, but raises the threshold.
Assessment Criteria
| Criterion | Effect on Liability |
|---|---|
| Type of Sport | Contact sports: higher threshold than non-contact |
| Level of Play | Professional: greater risk acceptance |
| Breach of Rules | Intentional or reckless: liability more quickly established |
| Dangerous Action | Unusually dangerous behavior: liability possible |
When is there Liability?
Even with the risk of sports and play, liability can sometimes be established.
Specific Circumstances
Serious Rule Violation
A clear violation of the rules of the game that strongly deviates from normal behavior can give rise to liability, such as an intentional kick against an opponent in football.
Intent or Reckless Behavior
In cases of intentional or extremely reckless conduct, the protection of sports and play risks lapses.
Defective Facilities
The owner of a sports venue can be liable for injury due to defects, such as unsafe changing rooms or poorly maintained fields.
Inadequate Supervision
In the absence of adequate supervision or oversight, especially in youth or high-risk sports, the organizer can be held responsible.
Responsibility of Sports Clubs
Sports associations can be held liable for various reasons.
Reasons for Liability
| Reason | Example |
|---|---|
| Unsafe Location | Cracks in the field, slippery surface |
| Defective Equipment | Damaged goal, worn-out gear |
| Lack of Supervision | No supervision during high-risk activities |
| Poor Planning | Overcrowded matches, unsafe scheduling |
Recreation and Injury
For recreational activities, similar rules apply as for sports activities.
Examples of Liability
- Amusement Parks: owner responsible for unsafe attractions
- Climbing Centers: liability for unsafe routes or equipment
- Swimming Pools: responsibility for slippery surfaces or poor supervision
- Outdoor Activities: organizer must ensure safety
Exculpatory Clauses
Organizers often try to limit their liability through terms and conditions or warning signs.
Conditions for Validity
Exculpatory clauses are not always legally valid:
- In cases of intent or serious negligence: always invalid
- In consumer agreements: often considered unreasonable
- In cases of death or injury: very limitedly permitted
- Signs with 'at your own risk': limited legal value
Insurance Coverage
Various insurances can pay out in the event of injury from sports or recreation.
Types of Insurance
| Type of Insurance | Coverage | Who is Covered |
|---|---|---|
| AVP Fellow Player | Liability of other player | Fellow player (via own policy) |
| AVB Club | Liability of association | Association |
| Group Accident Insurance | Accidents of members | Members (via club) |
| Personal Accident Insurance | Own accidents | Own person |
Practical Advice
- Document the incident well (witness statements, photos)
- Notify the association or organizer
- Check if there is a collective accident insurance
- In case of serious injury, engage a personal injury expert
- Be aware that not every sports injury results in a claim
Relevant Authorities in Zoetermeer
For legal support, you can contact the Juridisch Loket Zoetermeer. Cases fall under the District Court of The Hague (district).