Liability for sports injuries | Legal aid centre

Questioner

My son was seriously injured last weekend during a football match due to an unauthorized action by an opponent. As a result, he will incur costs: deductible health insurance and loss of income (he is self-employed). What are the possibilities to have these costs reimbursed through, for example, liability insurance of the perpetrator or liability claim of the perpetrator personally? Or otherwise? Thank you for your response-

Lawyer

In general, someone who participates in sports and games takes the risk of suffering damage. Therefore, an opponent is generally not liable for damage. This also applies if there is a violation of the rules of the game. However, the opponent can be held liable if there is intent or serious culpability. For example, kicking out a player who has broken through or kicking him afterwards. If this is the case, your son can hold the opponent liable. In that case, the costs of legal assistance can also be recovered. If you wish, I can assist you with this. By the way, I advise you to inquire with the club whether the club itself or through the KNVB possibly has insurance that will fully or partially reimburse the damage.

Lawyer

First of all I want to wish your son a good recovery. I hope he will be back to his old self soon! In sports and games situations, liability is less likely to arise. To a certain extent, the participants in football can expect dangerous behaviour from each other, which football provokes. Based on all the facts and circumstances, liability must be assessed and it must be examined to what extent a standard of care applicable within football has been violated. I advise you not to make this legal assessment yourself, but to engage an advocate (personal injury specialist). If a standard of care has indeed been violated, the 'perpetrator' must be held liable. He/she can then be requested to report the matter to his/her liability insurer. In that case, the insurer will take over the discussion. This will compensate any damage. If liability is ultimately established, the liable party must party or insurer to compensate for all damages resulting from the accident. This includes distinction is made between material and immaterial damage. Material damage is all damage that can be expressed in money. Immaterial damage concerns the pain and suffering. Here too, I advise you to engage an advocate, because your son is an independent entrepreneur. An advocate can help determine the loss of income and guide you through this entire process. Incidentally, hiring an advocate will not cost you anything in most cases. If liability is established, these costs are included in damages. Moreover, an initial assessment is often free of charge. If you wish, I would be happy to help your son further. You can contact me directly.