Lawyer Wieschemann galleries gave an interview when serious fouls in the Amateurbereicht could lead to civil compensation claims.
The interview of December 11, 2007:
Civil penalties in the amateur football field are in many places is still a red cloth. It is now ranked no more only by the casting Chamber to punish a part of the offense, but requires such a draconian penalty in court, as it in one of the recent negotiations after the kick in the face of goalkeeper Ruben Grote who was case (galleries online reported).
There are to be compensated chances for the hobby kicker and other amateur athletes after brutal fouls on the field of play that differently than the pros the actors earn their bread rolls with their sport, but in the week after the day. Serious injuries are not like seen by the employer.
But there are ways to be compensated for downtime or serious physical injury by the polluter. Galleries online spoke about the issue with the experts Christof Wieschemann, who as a lawyer among sports law has specialized in and is active as a member of the ISLA (international sports lawyer Association) at the German sports court.
To the person
Studied of law in Bochum
An independent lawyer since 1994
Early 2000 joined the research group of sports law in the DAV
Member of the ISLA (international sports lawyer Association)
Deals among other things with the advice of professional footballers
Online galleries: They are often facing sports legal issues as an expert. Have you noticed that civil penalties have increased in the amateur area?
Christof Wieschemann: “There are often cases where after League matches in the lower football, but also in other sports is charged with. Usually after serious injuries, caused by fouls and scuffles. Whether the number of ads but dramatically increased, one cannot say so flat.”
Online galleries: When exactly did plaintiff opportunities to receive a compensation for their injuries?
Christof Wieschemann: “There are certain clues that make possible a civil penalty against an accused person. The offense must be done intentionally or with gross negligence. In a football match the attack must apply so clearly the opponents, without the target to play the ball. An action so conscious about the sporting area. Then punishment on the is the casting Chamber possible.”
Online galleries: Can physical damage be placed after a normal foul within a two struggle for the ball so easily to display?
Christof Wieschemann: “No, at least not with success. The sport is itself vulnerable to a certain degree. Football is one area the “martial arts”, where body contact and possible violations thereof are not excluded. An attack that leads to injury, clear the ball, is to make almost anything civilly. “Although it is not always easy to decide, when an attack the opponent and when the ball is.”
Online galleries: There are still differences in the legal situation of adults and children?
Christof Wieschemann: “Yes, because young people are capable of crime only to a limited extent, unless they are fully aware of the injustice of his action. As a whole is that children and young people are less able to during the game than to estimate adult, possible risks. There are still gradations within the age structure. So children are not at all responsible to do, young people up to the age of 18, however, only if they have a clear overview of the situation to the youth.”
Online galleries: An example of this?
Christof Wieschemann: “We take a game on a wet, slippery surface as an example. Must be to potential consequences of a straddle back aware an adult, when a young person is this insight or awareness for the situation depends on person and individually to decide.”
Online galleries: There are exact amounts, which are scheduled for specific injuries?
Christof Wieschemann: ‘No. There is not a general setting, such as in the area of accident insurance. It can not be said so, is always a certain amount of pain and suffering for a cruciate ligament tear or a broken leg.”
Online galleries: What is the height of the redress calculated then otherwise?
Christof Wieschemann: “Because many factors play a role. The amount of compensation depends on the healing process, the rehabilitation costs, but also the fault itself. This should be distinguished, whether the offense was committed deliberately or through gross negligence. In addition are to take into account things such as a hospital or even a possible sports disability.”
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