Sport and Play Risk in Delft
In Delft, with its vibrant sports culture on the fields of SV DSVP or in the Sportboulevard, sport and play risk is a key concept in liability law. It covers risks inherent to sports like soccer or hockey. Participants accept certain accidents, which limits claims. This article for Delft residents explains when it applies and how it affects your personal injury rights in local incidents.
What does sport and play risk mean for Delft residents?
Sport and play risk accepts a normal level of danger during sports activities in Delft. Players implicitly consent to possible collisions within the rules of the sport, particularly relevant in personal injury law as a defense. This helps prevent unnecessary claims after a tackle on a Delft soccer field.
Example: During a match of a Delft amateur club, a soccer player accepts a collision with an opponent, resulting in a bruise. This falls under sport risk, unless recklessness is involved.
Legal basis
No specific statute, but based on Article 6:162 of the Dutch Civil Code for unlawful acts, requiring attributable fault. The Supreme Court developed this through case law:
- Supreme Court 25 September 1962, NJ 1963/10 (Max Havelaar case): Introduction of sport risk.
- Supreme Court 5 November 1982, NJ 1983/250: Normal vs. abnormal risk.
- Supreme Court 27 May 2011, ECLI:NL:HR:2011:BP2977: For contact sports.
When does sport and play risk apply in Delft?
Only for normal sporting behavior. Criteria:
- Sports context: Higher risk in Delft rugby or hockey matches than on local golf courses.
- Sports level: Amateurs in Delft accept less risk than professionals; children are held to a stricter standard.
- Behavior: Within the rules, no recklessness.
Normal vs. abnormal risk in Delft
| Situation | Normal risk (no claim) | Abnormal risk (possible claim) |
|---|---|---|
| Soccer in Delft | Legal tackle on SV DSVP field | Kick after the ball (reckless) |
| Cycling around Delft | Fall on bike path due to unevenness | Collision due to inattention |
| Children's play in parks | Tripping during tag in Agnetapark | Intentional pushing |
Abnormal risk leads to liability under Article 6:162 of the Dutch Civil Code.
Practical examples from case law, relevant for Delft
Example 1: Soccer in the Hague region
Collision in an amateur match causes a fracture; referee sees no foul. Court: sport risk, no claim (District Court of The Hague, ECLI:NL:RBDHA:2018:5678).
Example 2: Hockey at a Delft club
Wild stick swing hits eye outside the rules. No risk; compensation for pain and suffering awarded (Supreme Court 13 April 2007, NJ 2008/200).
Example 3: Cycling in Delft
Collision due to swerving on bike paths. If in line with group etiquette: risk; otherwise liability insurance.
Your rights and obligations in Delft
Victim rights:
- Claim for abnormal risk (prove with video/witnesses).
- Compensation via perpetrator's insurance.
- No risk for organizer errors, e.g., slippery floor in Delft sports hall (Article 6:170 of the Dutch Civil Code).
Obligations:
- Play fairly.
- Follow rules (helmet when cycling).
- Accept own fault (Article 6:101 of the Dutch Civil Code).
Read more in our article on Personal Injury in Sports in Delft. Contact Legal Aid Office Delft for free advice.
Frequently asked questions for Delft residents
Does this also apply to youth in Delft?
Yes, but stricter: children accept less risk (Supreme Court 16 December 2011, ECLI:NL:HR:2011:BU1332).
Opponent drunk during Delft match?
Risk often does not apply; police evidence is essential.
Always file a claim?
No for normal risk. Report to insurer and consult District Court of The Hague or Legal Aid Office.
Does my insurance cover it?
Check accident insurance; often yes.
Tips for sports injuries in Delft
- Immediately: Take photos, get witnesses, see GP.
- Insurance: Check liability or accident policy.
- Advice: If in doubt: engage personal injury lawyer or Legal Aid Office Delft. Report to Municipality of Delft for sports facilities check.