Liability in sports
It just happened while exercising. A tackle from the opponent that is too hard, a mean push during the final sprint, an unauthorized stranglehold, etc. Before you know it you are injured due to the mistake of an opponent or a teammate.
The question that arises is whether the opponent or teammate is liable for the damage caused in a sports-related context.
Liability disputes in sports occur regularly, but often remain under the radar.
Some sensational files, such as the case Criquelion or Desloover’s football tackle on Lozano, made extensive media coverage.
We will explain this further.
A legal review
There is civil liability on the one hand and criminal liability on the other.
Civil liability
Central to the doctrine of civil, extra-contractual liability is art. 1382 BW which states that:
“Every act of man that causes damage to another obliges the person through whose fault the damage occurred to make good the damage.”
Art. 1383 BW adds that negligence or carelessness can also lead to liability.
Non-contractual liability law is therefore based on 3 components, namely fault, damage and causation.
An error consists of the violation of a specific legal provision or a violation of the general standard of care.
The violated provision of law must be a generally binding standard issued by a legislature. Rules of the game do not meet this definition. The punishment of a certain offense with a yellow card during a football match is merely an internal rule, the violation of which does not automatically lead to civil liability. If this were the case, the practice of the sport would become impossible. However, the violation of a rule can be used as an argument to substantiate a violation of the general standard of care.
The general standard of care refers to the behavior of a good family man. This is a normal, prudent, reasonable person, placed in the same circumstances. These concrete circumstances refer to the context of sports practice. A sliding that could lead to liability in everyday life can be tolerated within the sporting context. A shoulder push will be permitted during a football match, but in everyday life it may give rise to civil liability.
When assessing harmful conduct, the judge may take into account the professional competence of the person in question. A professional athlete is expected to master his sport better than an amateur, which will make a difference in the assessment of a certain mistake.
The judge must also take into account the risks inherent in certain sports. The chance of getting injured while downhill mountain biking is greater than while playing table tennis. A punch during a boxing match should be interpreted differently than a punch in a football match. However, this should not prevent the athlete from always respecting the rules of the game and the general standard of care.
The athlete who claims to be the victim of an unlawful act will, in addition to the error, also have to prove damage and the causal link between error and damage.
The civil liability doctrine can indeed be applied in some cases in a sports-related context.
Criminal liability
The criminal prosecution of an athlete following a sporting accident is in most cases based on Articles 398 SW or 418 to . 420 SW.
Article 398 SW punishes the crime of intentional assault and battery. On the one hand, this crime presupposes a material component, the infliction of assault and battery. On the other hand, there must be a moral component, namely the knowingly and willfully inflicting these blows and injuries.
At first glance, one would think that contact sports such as karate, rugby and even football could by definition give rise to liability under art. 398 Sw. However, despite the prohibition on consensual deviation from the criminal law, which is of public order, it is generally accepted that these sports fall outside the scope of Article 398 SW. Naturally, this only applies to behavior that is permitted according to the regulations of the sport in question. When a football player uses If a deliberate tackle breaks an opponent’s leg, he can of course be prosecuted.
Articles 418-420 of the Criminal Code. deal with accidental assaults and injuries. These are the cases in which an athlete, due to a lack of caution or precaution, causes assault and battery on a third party. This lack of caution is assessed in the context of the sport being practiced. When an athlete violates the rules of the game, he cannot automatically be blamed for a lack of caution or precaution. As with the civil wrong, the athlete’s behavior must be compared with the behavior of a normal, prudent and reasonable person placed in the same circumstances.
Criminal liability can also be applied in certain cases in a sports-related context.
Questions about liability (within sports or beyond)? Do not hesitate to contact us via telephone number 09/334.94.70, via contact form or via sport@everest-law.be