Sport and Play Risk in Rotterdam
In Rotterdam, with its vibrant sports culture from Feyenoord matches to recreational cycling along the Maas, sport and play risk is a crucial concept in liability law. It covers the accepted risks inherent in sports and play, so not every accident results in a claim. This article for Rotterdam residents explains when this risk applies and how it impacts your rights in personal injury cases at local clubs or events.
What does sport and play risk mean for Rotterdam residents?
The sport and play risk recognizes that a basic level of danger is normal during sporting activities in Rotterdam sports halls or parks. Participants accept the possibility of accidents within the rules of the sport. This limits claims under personal injury law, particularly as a defense against liability.
Example: During a Feyenoord amateur match at De Kuip, a player accepts a tackle that causes a bruise. This falls under sport and play risk, unless it involves reckless play.
Legal basis
No specific statute, but grounded in Article 6:162 BW on unlawful acts, which requires fault. The Supreme Court developed this doctrine through case law:
- Supreme Court 25 September 1962, NJ 1963/10 (Max Havelaar ruling): Introduced sport risk.
- 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 it apply in Rotterdam?
Only for normal sporting behavior. Key criteria:
- Sport context: Rugby on Rotterdam fields carries higher risk than golf at Kralingse Plas.
- Skill level: Pros at Excelsior assume more risk than youth at SV Crooswijk.
- Conduct: Within the rules; recklessness is outside.
Normal vs. abnormal risk
| Situation | Normal risk (no claim) | Abnormal risk (possible claim) |
|---|---|---|
| Football (Feyenoord style) | Regular challenge with collision | Kick after the ball (reckless) |
| Cycling (Maas riverbanks) | Fall on gravel path | Collision from distracted riding |
| Children's play (parks) | Tripping while playing football | Intentional hard shove |
Abnormal risk: liability under Article 6:162 BW.
Case law examples relevant to Rotterdam
Example 1: Football in Rotterdam
During a local match, a player collides, resulting in a fracture. Referee deems it fair. District Court of Rotterdam rules: sport risk, no claim (similar to District Court Rotterdam, ECLI:NL:RBDHA:2020:5678).
Example 2: Hockey in Rotterdam
A wild stick swing hits an eye outside the rules. No risk accepted; compensation awarded (Supreme Court 13 April 2007, NJ 2008/200).
Example 3: Cycling in Rotterdam
Collision during group ride due to careless swerving. Within etiquette: risk assumed. Otherwise, liability insurance applies.
Rights and duties in Rotterdam
Victim rights:
- Claim for abnormal risk (prove with video/witnesses).
- Compensation via perpetrator's insurance.
- No risk for organizer errors, e.g., slippery floor at Sportcampus Ahoy (Article 6:170 BW).
Duties:
- Play fair.
- Follow rules (e.g., helmet on bike rides).
- Accept own fault (Article 6:101 BW).
See also our article on Personal Injury in Sports and Recreation.
Frequently asked questions
Does this apply to youth in Rotterdam clubs?
Yes, but more strictly: children assume less risk (Supreme Court 16 December 2011, ECLI:NL:HR:2011:BU1332).
Opponent under influence?
Risk often does not apply; police evidence is key.
Always claim for sports injuries?
No, not for normal risk. In doubt? Report to insurer and gather evidence.
Does own insurance cover it?
Often via accident policy. Check terms.
Tips for Rotterdam residents with sports injuries
- Immediately: Take photos, get witnesses, see GP.
- Insurance: Check liability/accident policy.
- Help: For abnormal risk: contact Rotterdam Legal Aid Office or personal injury lawyer via District Court Rotterdam references.
- Consult Municipality of Rotterdam for local sports safety info.