Football accident, who is liable for injury damage?
Every Saturday or Sunday it is time, a football match. It sometimes gets rough, with injuries as a result. Sometimes it really goes wrong. A tackle or foul with serious injury as a result. For example a broken leg or a tibia plateau fracture. But also on the way to the football match things can go wrong. Various collisions happen annually. Who is then liable for injury damage? You can read it on this page.
Injury from a collision
On the way to an away match or on the way back after a won game. With a number of team members you are on the way when you encounter a collision. A dampener on a beautiful football day. Sometimes there is only property damage and everyone gets away with a scare. However, there can also be injury from the car accident.
The question is who does what after a collision. The most important thing is filling out a damage form. On this you can namely indicate what the circumstances of the collision are. The circumstances of the car accident can even be drawn! In addition, the details of both parties are filled in. This is especially important because you then also have the details of the injury insurance of the opposing party.
A filled out collision form is an important piece of evidence for the question who is guilty after a collision. Therefore make sure you have a filled out but also signed damage form in your possession. If the opposing party does not sign, it is less valuable.
Are there witnesses to the collision? Then make sure you have the names and address details of these people. Incidentally, your team players can also be considered as witnesses!
Injury damage from foul on the field
With a collision, liability is often quickly clear. If someone drives into the back of your car, there is liability. All damage is then compensated by the injury insurer of the liable party. This concerns the material damage and the pain and suffering compensation.
With injury during a football match it is a completely different story. With an accident on the field it concerns a so-called sport and game situation. The bar for liability then lies much higher. Because not the mere fact that there is a foul makes that there is a right to injury compensation.
From various case law (jurisprudence) it appears that a foul in itself does not bring liability. An unfortunate tackle with a broken leg as result is not injury for which injury compensation can be obtained. Also a hard tackle on the ball does not bring liability. The player who incurs the injury thus remains with the damage as result of the football match. It is inherent to the risk you run when you participate in a football match.
But what is then such a serious violation that liability for the injury damage can be assumed? In other words, when is there a right to damage compensation? This is only the case in exceptional cases. It must concern such a serious violation that it really does not belong on the field. Think of kicking after as a player already lies on the ground or deliberately stepping on the legs of a player with force. For example out of frustration because the match does not run as hoped. Only in extreme circumstances is liability for injury damage in case of a foul on the field assumed.
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