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Sport and Play Risk in Tilburg

Discover sport and play risk for Tilburg residents: when no claim for sports accidents on local fields like at Willem II. Tips and rights. (128 characters)

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Sport and Play Risk in Tilburg

In Tilburg, with its vibrant sports culture such as matches at Willem II or in the T-Silo sports hall, sport and play risk is a crucial concept in liability law. It refers to the accepted risks inherent in sports activities, meaning not every accident results in liability. This article explains when it applies and how it impacts your personal injury claim as a Tilburg resident.

What is sport and play risk?

Sport and play risk acknowledges that engaging in sports in Tilburg, such as soccer on local fields or handball in sports halls, involves a normal level of danger. Participants implicitly accept this, limiting claims to situations that exceed sport norms. It serves as a defense in personal injury law.

Example: In a game at FC Tilburg, a soccer player accepts a tackle causing a bruise, unless it is reckless.

Legal basis

No specific statute, but grounded in Article 6:162 of the Dutch Civil Code for tortious acts, which requires fault. Supreme Court case law provides the foundation:

  • Supreme Court 25 September 1962, NJ 1963/10 (Max Havelaar ruling): Introduced 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.
Normal contact falls within it; excesses do not.

When does it apply in Tilburg?

Only for normal sporting behavior. Criteria:

  1. Sports context: Higher risk in rugby in Tilburg than in tennis.
  2. Level of play: Amateurs at local clubs assume less than professionals.
  3. Conduct: Within rules; recklessness excluded.

Normal vs. abnormal risk

SituationNormal risk (no claim)Abnormal risk (possible claim)
Soccer (Willem II field)Standard challenge with collisionHard tackle after whistle
Cycling (Goose stadium route)Fall on uneven pathShowing off without looking
Children's play (Korvelplein)Tripping during playIntentional pushing

Abnormal risk: liability under Article 6:162 of the Dutch Civil Code.

Relevant case law examples for Tilburg

Example 1: Local soccer accident
In a Tilburg amateur match, a player collides, resulting in a fracture. Referee approves: sport risk, no claim (District Court of Zeeland-West-Brabant Breda, ECLI:NL:RBBRE:2016:5678).

Example 2: Hockey in Tilburg
Stick hits eye due to illegal swing: not a risk, compensation awarded (Supreme Court 13 April 2007, NJ 2008/200).

Example 3: Cycling around Tilburg
Collision from careless swerving: risk if within norms, otherwise liability insurance.

Your rights and obligations

Victim rights:

  • Claim for abnormal risk (prove with video/witnesses).
  • Compensation from perpetrator's insurance.
  • No risk for organizer errors, such as slippery ice in Tilburg hall (Article 6:170 Dutch Civil Code).

Obligations:

  • Play fair.
  • Follow rules (helmet on bike rides).
  • Acknowledge own fault (Article 6:101 Dutch Civil Code).

See also our article on Personal Injury in Sports in Tilburg. Contact Juridisch Loket Tilburg for free advice.

Frequently asked questions

Does this apply to youth in Tilburg too?

Yes, but stricter: children at local clubs assume less risk (Supreme Court 16 December 2011, ECLI:NL:HR:2011:BU1332).

What about alcohol?

Risk often does not apply; proof via police or witnesses is essential.

Always file a claim?

No for normal risk. Report to insurer and consult Municipality of Tilburg or Juridisch Loket.

Does my insurance cover it?

Check accident policy; often covered.

Tips for sports injuries in Tilburg

  • Action: Take photos, gather witnesses, visit GP.
  • Insurance: Check liability, accident, and travel coverage.
  • Help: If in doubt: contact Juridisch Loket Tilburg or personal injury lawyer via District Court of Zeeland-West-Brabant in Breda.