Many people participate in sports, individually or through a team sport. There is a risk associated with these sports, especially in sports such as football and other contact sports. But what about liability for personal injury as a result of a sport and game situation? Is the other party liable if you are injured during sports or does everyone bear his or her own damage? And what can a personal injury lawyer do for personal injury? Such as a personal injury lawyer in Utrecht (Dutch: letselschade advocaat Utrecht) during a football match or a personal injury lawyer in Groningen (Dutch: letselschade advocaat Groningen) in case of injury as a result of a boxing match?
Who bears the damage in case of injury during sport?
Who is liable for damage as a result of a sports and game situation depends on the legal system of the country in question. We discuss the situation under Dutch law below.
In general, the party making the mistake is liable. For example, if someone is hit from behind in traffic, the rear vehicle is in principle guilty of the collision. This party is therefore liable for the damage suffered by the personal injury victim as a result of the accident. Making a mistake is also called a tort.
The same applies, for example, in the event of an accident at work or if someone is injured by a dog bite. In the event of an accident at work, the employer is often obliged to compensate for the injury suffered by his or her employee. This is because employers have a duty of care. You cannot hold the dog responsible for dog bites. The owner of the dog is liable for any damage caused by the dog.
If you read the foregoing like this, you would think that these rules also apply to a sports competition. This would mean that if a defender inflicts a sliding injury on an attacker during a football match, the defender will be liable for the damage suffered as a result of the accident. In practice, however, this is quite different.
Dutch case law has ruled that there is an increased threshold for assuming liability in a sports and game situation. This means that there must be more than just a violation for there to be liability.
So if the defender commits a violation and someone is injured as a result, it is not automatically the case that the football player who commits the violation is also liable for the personal injury of the injury victim. This is only the case if the violation is so serious that it really does not belong on the football field. For example, in the case of a red card.
Liability in sports is therefore not self-evident. In principle, a victim of injury bears his or her own damage. There is only liability if the violation is disproportionate if it is really unacceptable.
Obviously, it is not easy to determine whether a violation is so serious that it justifies liability. That is why it is good to call in an expert such as a personal injury lawyer to investigate whether you are entitled to compensation.