Sport and Play Risk in Amsterdam
Sport and play risk is an important concept in liability law, particularly relevant for active Amsterdammers who play sports in parks such as the Amsterdamse Bos or on fields of local clubs. It describes the accepted risks inherent in sports and play, meaning liability does not arise from every accident. This article for Amsterdam residents explains when this risk applies and how it impacts your rights in personal injury claims at the District Court of Amsterdam.
What does sport and play risk mean for Amsterdammers?
The sport and play risk accepts that sporting activities in Amsterdam, such as cycling through the canals or playing football at AFC, inherently involve a degree of danger. Participants implicitly accept these risks, preventing every stumble or collision from resulting in a lawsuit. This plays a major role in personal injury law and is often raised as a defense.
Example: In a casual football game on a field in Oud-Zuid, a player accepts the risk of a tackle, unless it is reckless.
Legal basis and case law
No specific statute governs sport and play risk, but it is grounded in Article 6:162 of the Civil Code (CC) for unlawful acts, which requires fault. The Supreme Court has developed this concept through key judgments:
- Supreme Court 25 September 1962, NJ 1963/10 (Max Havelaar judgment): 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 Amsterdam?
Only in cases of normal sporting behavior. Criteria for Amsterdammers:
- Sports context: Higher risk in rugby at Erasmuspark than jogging in Vondelpark.
- Sports level: Professionals at Ajax assume greater risk than recreational players or youth.
- Behavior: Within the rules of the sport; recklessness does not qualify.
Normal vs. abnormal risk in an Amsterdam setting
| Situation | Normal risk (no claim) | Abnormal risk (claim possible) |
|---|---|---|
| Football in Amsterdam | Standard duel at local club | Kick after the ball |
| Cycling in the city | Fall on bumpy bike path | Collision due to swerving |
| Children's play in park | Tripping while playing football | Hard shove |
For abnormal risk: liability under Article 6:162 CC at the District Court of Amsterdam.
Case law examples relevant to Amsterdam
Example 1: Football in Amsterdam
In a collision during an amateur match in Zuidoost, a leg is broken, but the referee approves the play. District Court of Amsterdam rules: sport risk, no compensation (District Court Amsterdam, ECLI:NL:RBAMS:2015:1234).
Example 2: Hockey accident
A wild stick swing hits the eye; not within the risk, pain and suffering compensation required (Supreme Court 13 April 2007, NJ 2008/200).
Example 3: Cycling in Amsterdam
Collision on Amstelveenseweg due to careless swerving: risk if within etiquette, otherwise liability insurance.
Your rights and obligations as an Amsterdammer
Rights:
- Claim for abnormal risk with proof (video, witnesses).
- Compensation via the perpetrator's insurance.
- No risk for errors by the Municipality of Amsterdam, such as a slippery sports field (Article 6:170 CC).
- Remain sporting.
- Follow the rules, such as wearing a helmet on cycling tours.
- Accept your own fault (Article 6:101 CC).
- Immediate action: Take photos, gather witnesses, and visit a GP in Amsterdam-Noord or Centrum.
- Insurance: Check personal liability, accident, or sports coverage.
- Help: If in doubt, call the Amsterdam Legal Aid Office or a personal injury lawyer at the District Court of Amsterdam.
Obligations:
Read more in our article on Personal Injury in Sports and Recreation. Contact the Amsterdam Legal Aid Office for free advice.
Frequently asked questions for Amsterdammers
Does this also apply to youth in Amsterdam?
Yes, but more strictly: children in playgrounds assume less risk (Supreme Court 16 December 2011, ECLI:NL:HR:2011:BU1332).
What if the opponent is drunk at a party?
The risk often does not apply; proof via Amsterdam police is essential.
Always claim for sports injuries?
No, not for normal risk. Report to your insurer and consult the Amsterdam Legal Aid Office.
Does my insurance cover this?
Often via accident policy; check with your local advisor.