Sport and Play Risk in Den Haag
In Den Haag, with its many sports clubs and parks like Zuiderpark, sport and play risk is a key concept in liability law. It covers the dangers inherent in sports and play that residents of Den Haag accept to a certain degree. This article for Den Haag residents explains when this risk applies and how it impacts your rights in personal injury cases, including local resources.
What Does Sport and Play Risk Mean for Den Haag Residents?
The sport and play risk accepts that sports in Den Haag involve a normal level of risk, such as collisions during a football match at ADO Den Haag or tag in a playground. Participants implicitly accept this, so not every incident gives rise to a claim. This is particularly relevant in personal injury law and serves as a defense.
Example: A player in a Den Haag amateur match accepts a tackle resulting in bruising, unless there is reckless play.
Legal Basis in the Netherlands
There is no specific law on sport and play risk, but it stems from Article 6:162 of the Civil Code (CC) on unlawful acts, which requires fault. The Supreme Court developed this through case law:
- Supreme Court 25 September 1962, NJ 1963/10 (Max Havelaar case): Introduction of the concept.
- Supreme Court 5 November 1982, NJ 1983/250: Normal vs. abnormal risk.
- Supreme Court 27 May 2011, ECLI:NL:HR:2011:BP2977: Specific to contact sports.
When Does Sport and Play Risk Apply in Den Haag?
Only in cases of normal sporting behavior. Criteria:
- Sports context: Rugby in Den Haag clubs carries more risk than golf at Clingendael.
- Level of play: Pros at ADO accept more risk than youth in Den Haag neighborhoods.
- Behavior: Within the rules of the sport; intent or recklessness does not count.
Normal vs. Abnormal Risk
| Situation | Normal Risk (No Claim) | Abnormal Risk (Possible Claim) |
|---|---|---|
| Football (ADO Den Haag) | Regular challenge with collision | Kick after the ball |
| Cycling (Scheveningen) | Fall on forest path | Failure to keep a proper lookout |
| Children's play (Zuiderpark) | Trip while running | Intentional push |
Abnormal risk leads to liability under Article 6:162 CC.
Case Law Examples Relevant to Den Haag
Example 1: Football in Den Haag League
Collision in amateur match causes fracture; referee sees no foul. Court: sport risk, no claim (see cases at District Court of Den Haag).
Example 2: Hockey in Den Haag
Wild stick swing hits eye outside rules: no risk, compensation awarded (Supreme Court 13 April 2007, NJ 2008/200).
Example 3: Cycling Around Den Haag
Collision due to swerving; within etiquette: risk. Otherwise, liability insurance.
Your Rights and Obligations in Den Haag
Rights of the victim:
- Claim for abnormal risk (evidence via video/witnesses).
- Compensation from the perpetrator's insurance.
- No risk for organizer errors, such as slippery hall (Article 6:170 CC).
Obligations:
- Play fairly.
- Use safety equipment (helmet on bike rides).
- Accept own fault (Article 6:101 CC).
Consult the article on personal injury in sports or the Juridisch Loket Den Haag for free advice.
Frequently Asked Questions for Den Haag
Does this apply to youth in Den Haag clubs too?
Yes, but more strictly: children accept less risk (Supreme Court 16 December 2011, ECLI:NL:HR:2011:BU1332).
What if the opponent is drunk?
Risk often does not apply; evidence via police or witnesses is crucial.
Always claim for sports injuries?
No, not for normal risk. Report to insurer and seek advice on District Court of Den Haag cases.
Does my insurance cover it?
Often via accident policy; check terms.
Tips for Sports Injuries in Den Haag
- Immediate action: Take photos, note witnesses, and visit GP.
- Insurance: Check liability, accident, and travel coverage.
- Help: If in doubt: contact Juridisch Loket Den Haag or a personal injury lawyer. Reach out to the Municipality of Den Haag for sports facilities.