Liability for Underage Athletes | Legal Aid

Questioner

At our sports club we plan to admit minors. We do a full-contact sport, which is currently practiced by adults. The plan is to admit minors from the age of 12 into the club and let them train with the adults. These children are then qualified according to a junior qualification and are allowed to do the sport full-contact. The question is how it works with liability for injuries caused during sports. This concerns injuries caused by adult members to minor members in normal sports situations (gameplay). Is there a risk that parents can hold an adult member and/or the association liable, despite the fact that we have them 'sign' the liability by means of a statement? This statement then states that the parents cannot hold the association and its members liable, but is that also the case? (all this aside from the fact that children may not have to train with adults in a full-contact sport).

Lawyer

In sports and game situations, there is in principle no liability of the association or members, provided there is intent or recklessness. Even if you have excluded liability in writing in advance in the event of intent. The association must take safety measures (protection) that must limit the risk of damage. Instructions and supervision by a sports teacher may also fall under this. In short, it is not the case that there is no liability in these types of situations, but it depends on the situation and circumstances in which the damage (injury) manifested itself.