Injury during sport in the club: who is liable?

Sport carries a certain risk of injury that participants in principle bear themselves (acting at one's own risk). Liability is, however, an option if someone grossly breaks the rules, a supervisory duty is disregarded or equipment and facilities are defective. Here club and accident insurances help.

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For typical, rule-compliant sports injuries, liability of a fellow player is often ruled out (acting at one's own risk). But whoever acts grossly against the rules or breaches supervisory and traffic-safety duties can be liable (§ 823 BGB).

Clubs are as a rule insured via the state sports association; alongside that, the statutory accident insurance applies in certain constellations, as well as private accident and liability insurances. Clarify which insurance covers the specific case.

What you should do now

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1. Document the accident
Record the course of events, injuries, witnesses and possible defects in equipment/facility.
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2. Classify liability
Was it a rule-typical risk (often no liability) or a gross rule violation/breach of duty (liability possible)?
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3. Check insurances
Clarify club insurance (state sports association), statutory accident insurance and private insurances.
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4. Assert claims
In case of liability or insurance cover, assert your claims in writing and secure evidence.

How to spot the scam

An injury arose through demonstrably gross rule-violating behavior.
Equipment or the sports facility were recognizably defective.
With children, the supervisory duty was breached.

Frequently asked questions

Is a fellow player liable for my sports injury?

For typical, rule-compliant sports injuries often not, because the participants act at their own risk. It is different with gross rule-violating, reckless behavior, then liability can exist (§ 823 BGB). It depends on the individual case.

Which insurance pays?

Clubs are mostly insured via the state sports association. Alongside that, the statutory accident insurance can apply, for example for certain activities, as well as private accident and liability insurances. Which one covers the specific case depends on the constellation.

When is the club liable?

When it breaches traffic-safety or supervisory duties, for example with defective equipment, an unsafe sports facility or inadequate supervision of children. Document such defects in order to be able to enforce claims.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.