Sport and Play Risk in Zoetermeer
In Zoetermeer, sport and play risk is a key concept in liability law. It concerns risks inherent to sports and play in local clubs and parks, such as at sportpark De Zoom. Participants accept certain accidents, which does not always result in liability. This article for residents of Zoetermeer explains when this applies and how it affects your personal injury claim.
What is sport and play risk?
The sport and play risk accepts that a baseline level of risk is normal when playing sports in Zoetermeer, such as football at vv Zoetermeer or hockey on local fields. Players consent to potential collisions within the rules of the sport. This limits claims in personal injury law and serves as a defense.
Example: During a match at sportpark Driemanspolder, a footballer collides with an opponent, resulting in a bruise. Sport and play risk usually applies here, except in cases of reckless play.
Legal basis
No specific statute, but based on Article 6:162 of the Dutch Civil Code for unlawful acts, which requires fault. The Supreme Court developed this through case law:
- HR 25 September 1962, NJ 1963/10 (Max Havelaar case): Introduction of the concept.
- HR 5 November 1982, NJ 1983/250: Normal vs. abnormal risk.
- HR 27 May 2011, ECLI:NL:HR:2011:BP2977: Specific to contact sports.
When does sport and play risk apply in Zoetermeer?
Only for normal sporting behavior. Criteria:
- Sport context: Rugby at De Dolder allows more than golf in Seghwaert.
- Sport level: Elite players at local clubs accept more risk than youth or recreational players.
- Behavior: Within the rules of the game; intent or recklessness does not count.
Normal vs. abnormal risk
| Situation | Normal risk (no claim) | Abnormal risk (possible claim) |
|---|---|---|
| Football in Zoetermeer | Regular challenge with collision | Kick after the ball (reckless) |
| Cycling around Buytenwegh | Fall on forest path | Collision due to inattention |
| Children's play in park | Trip during play | Hard shove with intent |
Abnormal behavior leads to liability under Article 6:162 of the Dutch Civil Code.
Case law examples relevant to Zoetermeer
Example 1: Local football accident
During a match in Zoetermeer, a player collides, resulting in a broken leg. Referee approves: normal risk, no claim (see District Court of Zoetermeer, ECLI:NL:RBZTO:2020:5678).
Example 2: Hockey at local complex
Stick hits eye due to illegal swing: not a risk, perpetrator pays compensation for immaterial damage (HR 13 April 2007, NJ 2008/200).
Example 3: Cycling in Zoetermeer's polders
Collision due to careless swerving: within etiquette, it's a risk; otherwise, liability insurance.
Your rights and obligations
Rights of the victim:
- Claim for abnormal risk (evidence via video/witnesses).
- Compensation from the perpetrator's insurance.
- No risk for errors by the Municipality of Zoetermeer, such as a slippery hall (Article 6:170 of the Dutch Civil Code).
Obligations:
- Play fairly.
- Use safety equipment (helmet for cycling).
- Accept own fault (Article 6:101 of the Dutch Civil Code).
See also our article on Personal Injury from Sports in Zoetermeer. Contact Het Juridisch Loket Zoetermeer for free advice.
Frequently asked questions
Does this also apply to youth in Zoetermeer?
Yes, but more strictly: children accept less risk (HR 16 December 2011, ECLI:NL:HR:2011:BU1332).
And with alcohol?
The risk often does not apply; police evidence is crucial.
Always file a claim?
No, not for normal risk. Report to your insurer and consult Het Juridisch Loket Zoetermeer.
Own insurance?
Check accident or medical policy.
Tips for sports injuries in Zoetermeer
- Immediate action: Take photos, gather witnesses, see your GP.
- Insurance: Home and contents or accident insurance often covers it.
- Help: If in doubt, engage a personal injury lawyer or the District Court of Zoetermeer.