Navigating Liability in Sporting Events: Lessons from Recent Court Cases

Introduction

In the context of sporting events, the question of liability for damage caused by gaming activities regularly arises. Especially in games like baseball, where balls often leave the field of play, the risk of damage to third-party property should not be underestimated. In this regard, the judgments of the Mainz Regional Court (ref.: 3 S 89/05) and the Arnsberg Regional Court (judgment of June 18, 2008 – 3 S 33/08) offer interesting legal insights that can be transferred to baseball.

Mainz Regional Court

In the case at the Mainz Regional Court, the focus was on a claim for damages due to damage to a car caused by an errant soccer ball. The plaintiff claimed that the ball damaged his vehicle during a sporting event. However, the court dismissed the lawsuit because it classified the player’s action as a “socially acceptable risk” and could not identify a breach of duty on the part of the club since sufficient protective measures were in place to prevent balls from straying.

Arnsberg Regional Court

In contrast, in the case of the Arnsberg Regional Court, a different assessment of the association’s traffic safety obligation resulted. A stray soccer ball also damaged a parked vehicle here. The court ruled that the club had breached its traffic safety obligation because adequate protective measures such as ball nets were not installed in the relevant places to prevent balls from flying out.

Legal analysis of liability issues

Role of the player

In legal practice, the player is usually exempt from liability according to Section 823 Paragraph 1 and Paragraph 2 BGB in conjunction with Section 303 StGB if his actions are within the normal course of the game and he does not show any gross negligence or intent.

The judgments confirm that playing a ball that happens to go beyond the boundary is within the scope of the risk that can be expected in sports and therefore does not give rise to liability on the part of the player.

Responsibility of the association

The organizer or the club that organizes the sporting event bears the main responsibility when considering liability. Plaintiffs against the association could – if at all – be entitled to a claim due to the violation of a traffic safety obligation in accordance with Section 823 Paragraph 1 of the German Civil Code (BGB). As operators of the sports field, clubs are obliged to ensure traffic safety and must therefore take all necessary and reasonable measures to prevent damage. This particularly includes the installation of protective devices such as nets or fences to prevent balls from leaving the field of play and causing damage.

With regard to the outer field fencing (“outfield”), the 2023 Baseball Federal Playing Regulations state under point 3.1.2. stipulates that the playing field must have a continuous, fixed fence that is closed at the bottom, although mobile solutions are possible provided their functionality is comparable to a fixed fence. For the 1st Bundesliga, a minimum height of the outfield fence of 2 meters is required.

However, it has not yet been decided whether, according to case law, this height is sufficient to fulfill the traffic safety obligation. This point therefore remains particularly legally relevant, as the adequate height and quality of the fencing can directly influence the likelihood and extent of possible damage.

In urban areas or where there are high densities of spectators and parked vehicles, more stringent protective measures may be required. The court cases show that the specific circumstances of the venue play a crucial role. A lack of appropriate protective measures can lead to liability for the association, especially if damage occurs that was abetted by these failures.

Parking issues

Securing parking spaces near baseball fields poses a particular challenge. Given that home runs and other long-hit balls can occur not only during official games but also in practice, clubs should take appropriate precautions.

It is advisable to permanently install signs warning vehicle owners about the danger of flying balls before they park their vehicle. Such information can help minimize the risk of damage and at the same time strengthen the association’s legal position in the event of a damaging event.

Conclusion

The question of liability in sporting events remains a dynamic field at the intersection of law and sport. The analysis of the judgments of the LG Mainz and LG Arnsberg makes it clear that both the actions of the players and the security measures of the organizers are crucial. While players are often protected by the doctrine of “socially appropriate permissible risk”, the greater burden of avoiding claims for damages lies on the clubs, which must fully fulfill their traffic safety obligations, whereby the circumstances of each individual case always depend. This is particularly relevant at a time when both the popularity of sporting events and awareness of safety are increasing.

I would be happy to assist you in this legal area at any time.

von Attorney Martin Figatowski, LL.M. (tax)

Mr. Figatowski is a lawyer and partner at GTK Rechtsanwälte Klein Figatowski Todtenhöfer PartmbB.

You can find our law firm website at www.gtkr.de. You can reach Mr. RA Figatowski at [email protected]. The texts and images were created using GPT4.

2024-05-06 04:47:00
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