RP Online lawyer Wieschemann as lawyer of the defendants asked to leave a comment. By the 01.12.2012:
An amateur got 50,000 euros damages, because an opponent badly injured the knee him. The Niederrhein Football Association sees a possible precedent.
Top-level soccer, it is now frowned upon – the straddle. In amateur football, an original tool of sports is still a fundamental part of the game. A judgment is the straddle but now in question. An amateur soccer player of the VfL Kemminghausen in the Dortmunder North Schlein of the VfB Lünen, injured his 34-year opponent, Michael in 2010 at a Blutgrätsche so hard on the knee, that he had to give up his career as a painter and Varnisher, the district League kicker must pay now 50,000 euros damages. Thus, footballer for rude fouls with injuries can be made civilly liable. Means the judgment of the Oberlandesgericht Hamm, the end of the straddle?
“It’s not like that in the future everyone can say: now I have a cruciate ligament rupture and that gives 50,000 euros in a way automatically on the account”, Schlein, says “this is more like my case also shows. Unfortunately.” He has twelve operations behind it, can no longer work, has applied for Hartz IV.
“The straddle belongs to”
“No,” says also Guido Monaco, coach in the Kreisliga for black white 06 Düsseldorf, “includes the straddle. Sensible, solid hardness must be. We are not overly cautious now.” The liability insurance is the 50,000 euro for the accused Dortmund. “I recommend an accident and liability insurance any amateur kicker. Otherwise the evil can have consequences”, says Lawyer of the accused, Christof Wieschemann.The fear, each straddle now may to the cashier to be asked, is at leisure kickers. “It is a meaningful sentence. You can argue about the amount of the penalty, but it is deterrent and represent a warning shot”, says Rainer Lehmann. The Managing Director of the Niederrhein Football Association recently noted “increasing tendency to violence and brutality” on the football pitches.
The hammer has plenty to talk about judgment. “It’s a precedent. It could cause that to other courts to embrace the judgment”, speculates Lehmann. Sports lawyer Christoph Schickhardt contradicts: “there’s no process flood. That case-law, which is already entwickeltworden by the Federal Supreme Court in the 1980s, is fully recognized and undisputed.” It is important for all “martial arts”.
Judgment to burn himself in the minds of the players
The case law is based on the basis of gross recklessness. The verdict says the player “the boundary of the hardness of the yet-to-be-there clearly exceeded”. Negligent injury in relation to the hardness of the offer are not covered. Intent must be proven to the player. “We live not in the right free disk space, also on the sports field. I hope the verdict goes in the minds of the players, maybe something more to hold back”, says Lehmann. Of his Association, he had so far “under civil law never feedback of a punishment. “If, then there’s criminal procedure, because referees or players were beaten”, says the Managing Director.
The men think of based on the subject of violence rather to changes in the environment than in courtrooms. District League coach Monaco pleads for more fairness in the squares, rather for an upgrading of the referee staff: “the arbiter are with us on their own. A few Wizard on the line would help to calm the situation.”