With the freezing cold gripping the Netherlands, the ice rinks are open, and many are enjoying winter activities. However, the pleasure of winter sports not only brings euphoria but unfortunately also the possibility of personal injury. As experienced personal injury lawyers, we understand the complexity of sports injuries, including winter sports, and we want to make you aware of the legal aspects in this specific context.
Winter sports season in the Netherlands
The winter sports season brings a lot of joy, but also accidents on the slopes. The first ice rinks in the Netherlands have recently been opened, and enthusiastic skating enthusiasts are taking full advantage of the winter conditions. This period of winter activity brings not only the fun of skating, but also the potential risks of injury.
Liability and Rules of Conduct on the Piste
There are strict rules of conduct on the ski slopes drawn up by the International Ski Federation (FIS) to prevent accidents. But what if personal injury occurs and who is liable? In many slope accidents there is no directly liable party because they are often the result of unfortunate falls by winter sports enthusiasts themselves. In such cases, good winter sports insurance with medical coverage is essential to financially cover self-inflicted injuries.
Unlawful Acts and Liability on the Piste
When personal injury occurs due to the actions of someone else, that person may be liable. However, according to the winter sports rules, liability only applies if there is unlawful conduct. Violating FIS rules of conduct does not automatically mean unlawful conduct, as winter sports fall under the category of sports and games, which makes the threshold for liability considerably higher.
Jurisprudence and Personal Injury in Winter Sports
A recent case before the Austrian court highlights the seriousness of reckless behavior on the slopes. A Dutchman was convicted after a fatal skiing accident in which the judge ruled that reckless behavior resulted in a fatal collision with a female skier. This underlines that unlawful actions, such as recklessness, can entail liability on the track.
Applicable Law for Winter Sports Personal Injury in the Netherlands
The legal system can vary depending on where the accident occurred. The law of the country where the accident occurred usually applies. However, if only Dutch people are involved, Dutch law may apply, even abroad.
Legal Assistance for Personal Injury During Winter Sports in the Netherlands
Determining liability for winter sports injuries is complex. In lengthy discussions with the opposing party, it is advisable to engage the expertise of an experienced personal injury lawyer. MCJ Advocatuur is ready to help you settle personal injury cases. Contact us for an introduction and legal advice tailored to your situation.
Read more about sports injuries and how legislation in the Netherlands deals with this here. Be aware of your safety on the slopes and enjoy the winter season!