LIABILITY - INSURANCE - RISKS OF OPERATOR RESPONSIBILITY

Here using the example of a sports field test. In principle, these risks apply to all playgrounds, sports equipment, sports facilities, outdoor fitness equipment and skate parks:

When these admittedly awkward terms are mentioned (liability-insurance-risks of operator responsibility), I keep hearing: "Why a (sports field) test? What's the point? If someone gets injured, the insurance company will pay anyway!"

NO! It is not that easy! To put it simply - if an accident occurs on the sports facility (e.g. a soccer goal tipping over) and there is no current test report from the inspection/annual general inspection, the insurance company will probably not pay (topic: negligence!) and the chairman will then be held personally liable - possibly also with private wealth!

The moral question is - why don't I have my sports field and sports equipment/soccer goals checked? So everyone there can do sports safely with a clear conscience!

Anyone who relies on it as the person responsible - OH NOTHING HAPPENS, IS ALWAYS WELL WAY...in the event of an accident will then also take on the PRIVATE overall responsibility including compensation for damages!

I ARE NOT WRITING THIS TO ONLY DESCRIBE HORRORS SCENARIOS AND TO BE ABLE TO DO AS MANY SPORTS FIELD TESTS AS POSSIBLE, BUT TO CREATE AN AWARENESS OF THE LATENT DANGER!

Or to put it in footballer jargon: A....map shifting due to field tests!

Here is an example from practice:

Unsecured youth football goals repeatedly lead to injuries and even deaths. The Higher Regional Court of Stuttgart therefore considers it necessary that transportable goals are always secured (January 26, 2005, 4 U 199/04).

This is comparable to a public playground, here it is constantly checked whether everything still complies with the regulations! Why should it be any different on a sports field?

The inspection of a sports facility is also necessary from a legal point of view according to §§ 823 ff BGB! The operator of sports facilities, usually represented by the club board, the mayor or the managing director, assumes overall responsibility for the traffic safety of a facility. This road safety MUST be checked and documented annually! If, in the event of an accident, a violation of the duty to ensure traffic safety is determined, the person responsible may be held personally liable.

In the case of negligence - i.e. if the inspections were not carried out - (business liability) insurance usually does not pay!

"Green areas, i.e. vegetation and structural systems in green areas, must not only be laid out in a traffic-safe manner, but also kept in a traffic-safe condition until the end of their useful life"

This claim of the traffic safety obligation is also based on § 823 BGB. "Whoever intentionally or negligently violates the life, body, health, freedom, property or any other right of another person is obliged to compensate the other person for the resulting damage" (§ 823 BGB, obligation to pay damages).

THEREFORE SPORTS FIELD TESTS!