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| In our issue last time regarding sports casualties we reported that sportsmen can not be held liable for injuries caused during the game. In a ruling of the Dutch court the liabiility exception has been broadened... | ||||||
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As concluded in an earlier published article in this section; the liability for damages during sports is not easy to assume. Sports have an inherent risk that players could get injured. Getting tackled during soccer commonly lead to injury. If a player decides to join this soccer game, he implicitly agrees to the risk the game may involve. Claiming damages from your fellow sportsmen is hardly going to be successful. What if you don't participate in the game, but observe the game from a distance and still get injured. Could you claim damages from that player? In the next case an injury occurred during a game of midget-golf. |
Players Joyce and Stefan were competing in different
groups. While Joyce played last time 7 years ago, Stefan is a more experienced
midget-golf player. As Stefan is in the first group and finished his
hole, he decides to watch his opponent Joyce at another hole.
Joyce hit the ball with her stick and swings backward, not knowing Stefan was behind her. Stefan lost his eye-sight by the hit of her stick. |
Afterwards Stefan claimed damages from the injury. As
a observer in this game, Stefan didn't assume any risk of getting injured.
Liability as in sports-cases are common, could not be applied here. Joyce
should have taken care not to injure any observers.
The Court ruled that even as an observer one assumes the risk involving in that game. Joyce was not extremely careless and can not be held liable for the damages caused. |
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