Legal protection of sports facilities in case of accidents and compensation claims

When it comes to legal protection for sports injuries, the first thing that comes to mind is the protection of the person suffering the injury and not the sports facility where the injury occurred. But sports facilities are also entitled to protection in the event of accidents.
It should be pointed out that more and more people are no longer attending a sports facility for purely recreational purposes, but also, and above all, for health reasons. This is why the responsibility of those who manage sports facilities has changed considerably.

The ideal solution for sports clubs is to take out an insurance policy that covers all types of claims and protects against attempted fraud.
An insurance policy covers damage due to malfunctioning or neglect on the part of the sports activity manager.
Guaranteed quotas are established and will be paid out according to the damage caused: from the reimbursement of out-of-pocket medical expenses and incidentals to compensation for permanent damage.
This is why it is important to specify the contractual conditions when registering a member. In this way, you are not only covered but also protected, for example, in the event of malicious intent.
There are some cases in which compensation is not paid by the facility.

• Customer distraction
  If the facility manager has done everything possible to ensure the safety of the injured party but, due to carelessness, inattention or disregard for the rules, the latter causes an accident, the owner or manager of the facility is not obliged to pay compensation, but must prove with objective evidence and testimonies that there was no omission of vigilance.
• Physical and mental impairment
  The operator is not obliged to pay compensation for damage caused by an obvious altered state of the injured person. In this case, a clinical examination is sufficient for protection.
  Even if pathological health problems are found, but not declared in the medical certificate of fitness, the injured person will not be compensated.

It is more difficult for the operator of a sports facility to prove that he was not involved in an accident. If coaches or instructors are also present, it must be proved that the injured person acted independently, despite continuous supervision: this is not easy, since the accident occurred within the sports facility.

Compensation for damages

The maximum limits beyond which the insurance does not pay (the ceilings) are decreed according to the sporting activity carried out. The more intense, dangerous or competitive the activity, the higher the limits.
Insurance cover includes medical and pharmacological expenses, a daily hospital allowance in the event of hospital treatment, compensation in the event of disability, proportionate to the severity of the accident, and a ceiling in the event of death.
In some cases, damages for loss of earnings are also compensated for persons who are forced to take time off work because of forced convalescence.

Conclusion

Choosing insured sports facilities is important to protect yourself. If a sports facility is not insured or the cover is not valid due to non-renewal of the premium, the injured person can still make a claim for damages.
If the owner or operator of the facility is unresponsive to the claim, the injured person can file a wrongful death lawsuit.