Personal injury during sport or games and liability for a sports accident

A serious sports injury does not automatically mean that someone else must compensate you for your damage. Between participants in sport or games, conduct is assessed differently from ordinary daily life. At the same time, taking part is not a licence for every kind of dangerous behaviour. A coach, gym or organiser may also bear their own responsibility for instructions, equipment and safety.

Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Last updated: 17 September 2026.

For a personal injury claim following a sports accident, the first step is therefore to establish whom you are holding liable and what that person or organisation is accused of. A foul during a football match calls for a different assessment from a broken fitness machine. In this article you can read which differences are relevant, which evidence helps and how the claim for damages is built up.

In brief

• Between athletes, a higher threshold applies: conduct that would be wrongful off the pitch is not necessarily wrongful within the context of play.
• A foul or a red card is an indication, not proof of liability.
• For coaches, instructors, gyms and organisers, that higher threshold does not apply to their duty of care: they are judged on safe equipment, proper instruction and appropriate supervision. If a coach is personally taking part in the game at that moment, the sports standard does apply to that particular conduct.
• Defective equipment falls under a separate regime for defective movable property; the operator is then usually the party to hold liable.
• A sign saying ‘participation at your own risk’ does not automatically exclude liability.

Why a different standard applies between athletes

In many sports, participants must allow for clumsy, unexpected or poorly executed movements. A collision may be part of the game, even if it causes injury. The assessment of wrongfulness takes that sporting and playing context into account. As a result, not every mistake that would be careless off the pitch gives rise to liability during play.

The circumstances remain decisive. Which sport was being played, at what level, and what exactly happened? Was the conduct still connected with the game, or was it unrelated to it? What could participants reasonably expect of one another? A legal assessment must answer those questions instead of looking only at how serious the injury is.

This does not mean that by taking part you waive all your rights. Conduct can exceed the limits of what participants must expect. In that case it is important to record the actual act and its context as precisely as possible, for example with video footage and statements.

Is a foul enough for liability?

A breach of the rules of the game may be important, but it does not automatically lead to civil liability. A referee may show a card for conduct that is prohibited in sporting terms, while the legal assessment requires more circumstances to be considered. Conversely, the absence of a card is not a definitive finding that nothing wrongful happened.

Keep the match form, any report and footage. Note when the conduct took place in relation to the course of play. Was the ball nearby, had play already been stopped, and what movement was made? Facts such as these can help to assess the nature of the incident.

A disciplinary decision may contain supporting information, but the civil court decides its own legal question. Do not, therefore, use a sporting sanction as a substitute for an analysis of liability and the causal link. The decision can, however, be a useful part of the file.

Football, hockey and other contact sports

In contact sports, collisions and physical contact are foreseeable to a certain extent. That does not yet say which conduct is acceptable in a specific case. The level, the match situation, speed and execution can all make a difference. Avoid general rules such as “every hard tackle gives rise to liability” or “in football you can never claim”.

An important distinction may be whether someone performs a playing action badly or injures another person outside the context of play. Even then, a factual assessment remains necessary. A description by only one of the people involved may be insufficient if the other party disputes the course of events with reasons.

Ask witnesses to write down what they saw themselves, not what legal conclusion they draw. Keep the original footage, preferably including the moments immediately before and after the incident. A short clip may lack precisely the context that is essential for the assessment.

The responsibility of a coach or instructor

A coach or instructor has a different role from a fellow athlete. Relevant factors include the choice of exercises, their progression, the explanation, supervision and tailoring to the participants’ level. Beginners or children may require different measures from experienced athletes.

If it was known in advance that you had a particular limitation, record how this was reported and what response followed. An instructor cannot take account of information that was reasonably unknown, but must also pay appropriate attention to foreseeable risks. The assessment depends on the nature of the activity and the arrangements made.

An injury during an exercise does not automatically prove that the instruction was inadequate. A claim may, however, come into view where an unsuitable task, missing safety measures or insufficient supervision demonstrably contributed. Ask for the lesson plan, safety instructions and any incident records.

Gyms and defective fitness equipment

In a gym accident, the condition of equipment or the premises may be the central issue. Think of a defective part, unclear settings or an unsafe walkway. Who is liable may depend on who operates the premises, maintenance and the legal basis. The standard that applies between fellow athletes cannot simply be applied to the operator.

Record the machine, its type and any setting used. Take photographs of the defect if it is safe to do so and note whether there were any warnings. Ask for maintenance records and camera footage to be preserved. Do not use a possibly defective machine again to recreate the incident.

Incorrect use may also be relevant. Were the instructions clear, had you been given an explanation, and was the machine being used for its intended purpose? A defence based on user error must be substantiated in concrete terms. Conversely, a defect is not automatically proven because an exercise goes wrong.

Organisers, events and recreational activities

At a sports event or organised activity, the organiser may be responsible for certain safety measures. Which measures are reasonable depends on the foreseeable risk, the participants and the options for limiting danger. Think of the layout of the course, barriers, instructions and emergency procedures.

A participant is not entirely free of personal responsibility. Following clear instructions and taking account of visible risks may be important. Even so, an organiser cannot shift every responsibility by pointing to the general risk inherent in sport.

Keep your registration, the terms and conditions and any communication received in advance. These documents can show which activity was offered, which level was expected and which safety information was given. Also note the actual circumstances on the day itself. A plan on paper does not always show how things were carried out in practice.

What does participation at your own risk mean

A sign or clause stating participation at your own risk does not automatically exclude liability. The content, applicability and legal validity of the clause must be assessed. For consumers, rules on general terms and conditions may play a role. The nature of the alleged failure is also important.

Ask for the full terms and conditions that applied at the time you took part. A single sentence on a website may be insufficient to establish which arrangements were actually made. Keep confirmation emails and screenshots of relevant information if you have them.

Even where a risk was known, there may still be a dispute about the measures taken. Taking part while aware of the risks and consenting to negligent instruction are not the same thing. If a claim is rejected on the basis of an own-risk clause, have that rejection reviewed on its merits instead of simply treating it as the end of the claim.

Contributory negligence and reduced compensation

If the victim’s own conduct contributed to the damage, the compensation may be reduced. This requires an assessment of the causal contributions and the other circumstances. There is no general sports percentage that is applied as standard to every claim.

Examples of relevant questions are whether instructions were ignored, whether a safety feature was deliberately removed or whether unsuitable equipment was used. Those facts must be established. The mere fact that you took part in sport voluntarily does not in itself justify a particular percentage of contributory negligence.

Moreover, the assessment of contributory negligence does not replace the question of liability. It must first be examined on what basis the other party is liable. Only then can the apportionment be addressed. With children and in special relationships, additional circumstances may be significant.

Which personal injury damage can be compensated

Where there is liability, the claim may consist of medical costs, travel expenses, help, loss of income and compensation for pain and suffering (smartengeld). A knee injury, shoulder injury or broken wrist can have major consequences for work, even if the accident happened in your free time. The link between the injury and the damage must be substantiated.

Keep healthcare statements and invoices and record any extra help. For loss of income, payslips or business records are needed. The fact that you temporarily cannot play sport does not automatically mean that you cannot work either; the specific limitations must be examined. Conversely, a particular injury may hit a certain profession especially hard.

Compensation for pain and suffering relates to pain and loss of enjoyment of life. Losing the ability to play sport may be relevant here, but does not in itself give rise to a fixed amount per missed training session. Describe what the activity means to you and how long the limitations last. A personal assessment must look beyond the diagnosis alone.

Your own insurance policies as an additional route

A liability claim is not the only possible route. A sports federation, club or employer may have collective insurance, and you may have taken out accident insurance or legal expenses insurance yourself. The cover and notification deadlines follow from the policy.

Accident insurance often pays out according to insured amounts and medical criteria. That is different from compensation for all the damage actually suffered. Legal expenses insurance provides assistance with the dispute subject to conditions and is not the same kind of payment. So ask which insurance exactly is meant.

Report the incident in good time and provide accurate information. If there are several payments, have it assessed how they relate to one another. Some payments may be treated differently from reimbursement of costs. Do not assume, without checking, that all amounts will be fully offset or, conversely, that they can all be fully combined.

Two fictional examples with a different outcome

During an amateur match, two players collide while trying to reach the ball. One of them suffers a knee injury. The legal assessment focuses on the specific playing action and what players could expect of one another. The seriousness of the knee injury does not automatically make the collision wrongful.

In a second fictional example, a gym user is injured because a part of a machine comes loose. Here the emphasis is on the condition of the machine, maintenance, use and the responsibility of the operator or other parties involved. This is not an ordinary collision between participants.

The damage may be substantial in both examples, while the liability question is answered differently. A proper assessment therefore starts with the role of the party being held liable and with the facts. The examples are fictional and do not predict the outcome of any real case or any standard amount of compensation.

A practical evidence plan after a sports accident

First have the injury assessed by a doctor and report the incident to the organisation. Then make a targeted request for the information relevant to the event. You do not have to collect every conceivable document, but you should gather the documents that can clarify the disputed facts.

• Note the date, place, activity and the people involved.
• Keep original footage and witnesses’ contact details.
• Request a match, lesson or incident report.
• Keep the terms and conditions, instructions and registration confirmation.
• Safely record the equipment and any defects.
• Collect medical information and an overview of the damage.

Have it assessed in good time who should be sent a letter and which deadlines apply. A report to the sports club does not automatically constitute a legally valid interruption of the limitation period against every potentially liable party. Nor does a disciplinary procedure automatically protect your civil claims.

Match footage and disciplinary decisions

In a sports accident, video footage can show more than a single photograph. The build-up, speed, position of other participants and the moment at which the action took place may be relevant. Ask the club or organiser promptly to preserve any available recordings. If possible, keep the original file and not just a short, edited clip.

A disciplinary penalty or a referee’s decision may provide information, but does not in itself determine civil liability. The aims and standards of sporting rules and of compensation law differ. A red card is therefore not automatically sufficient for a claim, while the absence of one does not rule out all liability either.

Read a decision paying attention to the facts that were established. Were witnesses heard, was footage reviewed, and exactly which conduct was assessed? If the reasoning is missing, ask which documents are available. A summary from a teammate is no substitute for the original decision.

Records can also be important in the case of a gym. Keep your training schedule, instructions and any reports about defective equipment. Ask whether maintenance or previous complaints have been recorded. The aim is to examine what responsibility the operator or instructor had, without automatically applying to them the standard that applies between fellow athletes.

What a disciplinary decision does and does not prove

In short: a red card, a suspension or a disciplinary ruling is evidence about the facts, not a judgment on civil liability. Sporting rules and liability law have different aims and standards. Use such a decision, therefore, for what was established as a matter of fact (which conduct, which witnesses, which footage) and not as a conclusion. Conversely, the absence of a card or penalty does not rule out liability either.

Finally, discuss the financial consequences of missed sport separately. The loss of a hobby may be relevant to the personal impact, while lost income from paid sport requires its own substantiation. A membership that temporarily goes unused is yet another item. For each element, make clear which loss actually arose, what reasonable mitigation was possible and whether any refund or compensation has already been received.

That separation helps to keep the claim verifiable. It also prevents the investigation from stopping at the foul itself, leaving the consequences for work, recovery and daily life insufficiently worked out.

The legal standard in a sports accident

In sport and games, the ordinary liability rules apply, but they are interpreted in a specific way:

• Article 6:162 of the Dutch Civil Code the core provision, but with a specific interpretation. In the natrap (“late kick”) judgment (HR 28 June 1991, ECLI:NL:HR:1991:ZC0300), the Supreme Court of the Netherlands (Hoge Raad) held that the question of whether conduct is wrongful will be answered in the affirmative less readily when it takes place in the context of sport: to a certain extent, participants must expect from one another dangerous conduct that the game invites. The same judgment states that a mere breach of the rules of the game is not sufficient. Moreover, that higher threshold continues to apply for a short time after the game has ended (HR 28 March 2003, ECLI:NL:HR:2003:AF2679).
• Article 6:170 of the Dutch Civil Code a club, gym or organiser may be liable for errors by its coaches and staff, but only if two conditions are met: there must be subordination (the organisation must have authority over the conduct) and a functional connection: the risk of the error must have been increased by the task assigned. With a volunteer coach or an independently hired instructor, such subordination cannot be taken for granted; in that case a breach of the club’s own duty of care (Article 6:162 BW) or liability for a non-subordinate contractor (Article 6:171 of the Dutch Civil Code) is more likely to come into play. Not every error by every coach, therefore, is automatically the club’s responsibility.
• Article 6:173 of the Dutch Civil Code for a defective fitness machine, apparatus or unsafe equipment; under Article 6:181 of the Dutch Civil Code, that liability rests with the business that uses it in the course of its business.
• Article 6:174 of the Dutch Civil Code for defective facilities, such as a damaged floor, stand or changing room.
• Article 6:101 of the Dutch Civil Code contributory negligence, for example when an explicit safety instruction was ignored; the fairness correction may in turn limit that reduction.
• Article 6:106 of the Dutch Civil Code compensation for pain and suffering in the event of physical injury.

The articles have been checked on wetten.overheid.nl. The difference between a fellow athlete and an operator is decisive: the higher threshold applies between participants themselves, not to those who organise or supervise the activity.

Frequently asked questions about sports accidents

Can I hold a fellow player liable for my injury?

Sometimes you can, but not every foul in sport is wrongful. The conduct, the context of play and what participants could expect are important. Have the facts assessed on the basis of statements and any footage.

Is a red card sufficient proof?

A card may be relevant information, but it does not automatically prove civil liability. The legal assessment takes more circumstances into account than just the breach of the rules of the game. The link with your injury must also be established.

Can a gym rely on an own-risk clause?

Such a defence must be assessed on its merits. A general sentence does not automatically exclude all liability. The terms and conditions, the relationship with the participant and the nature of the failure may be relevant.

Who pays if a fitness machine breaks?

That depends on the defect, maintenance, use and the parties involved. The operator may have a role, but sometimes the supplier or manufacturer must also be considered. Keep a record of the machine type, photographs and incident details.

Can I claim for loss of income after an accident during a hobby?

Yes, if another party is liable and your absence from work was caused by the injury. The fact that the accident happened outside working hours does not rule out a claim for loss of income. The limitations and financial consequences must, however, be substantiated in concrete terms.

What if I did not follow an instruction myself?

That may affect liability or the apportionment of the damage. There is no fixed reduction percentage. The clarity of the instruction, your conduct and the link with the accident are assessed together.

Do I have to wait for the sports federation’s procedure first?

Not necessarily. A disciplinary procedure and a civil claim have different aims. You can gather evidence and seek legal advice while another process is ongoing. Monitor civil and insurance deadlines separately.

Does the sport and games standard also apply to my gym?

Not for the duty of care. On that point, a gym, club or instructor is judged by the ordinary standard of care: safe equipment, proper instruction, appropriate supervision and maintenance. That threshold is lower than between fellow athletes. One nuance: if a coach or instructor is personally taking part in the game at that moment (playing in a practice game or defending in a training match), the sport and games standard may apply to that particular conduct, because he is then acting as a fellow athlete. What is decisive is the capacity in which someone was acting at the time of the accident, not their job title on paper.

What should I record immediately after a sports accident?

Note the date, time, location, the match situation and the names of the referee, coach and witnesses. Ask for the accident registration form of the club or gym. Photograph the equipment or the floor before it is cleared away or repaired, and ask whether any match footage exists.

Have your sports accident assessed

Arslan Advocaten can examine with you which party may be liable and which evidence is needed. Bring information about the activity, instructions, footage and your injury. We will also discuss the options under your own insurance policies and the fee arrangements for further assistance.

You can find more information under personal injury. You can also submit your situation via our contact page.

Related articles

• Knee injury after an accident
• Shoulder injury after an accident
• Liability: when is someone liable
• Types of accidents and personal injury
• The Kelderluik judgment explained
• Loss of income and loss of earning capacity
• Compensation for pain and suffering: what are you entitled to

Sources and further information

• The Dutch judiciary on personal injury
• The Dutch Personal Injury Council on its guidelines

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