Water sports are a popular way to relax and enjoy nature. Unfortunately, something can sometimes go wrong while practicing water sports, which can lead to personal injury. In this article, I will discuss the most common causes of personal injury due to water sports, your rights and possibilities for compensation.
Types of water sports with an increased risk of injury:
| Water sports | Possible causes of injury |
| Surfing | Falling from the board, collisions with other surfers |
| Sailing | Falling from the boat, getting caught in ropes or lines, collisions with other boats |
| Water skiing and wakeboarding | Falling or collisions with obstacles |
| Jet skiing | Capsizing, hitting the handlebars or being launched into the water |
| Swimming | Drowning, unsafe diving, collisions with other swimmers |
Legal aspects of personal injury due to water sports
Here are some general legal principles that may apply to personal injury due to water sports:
- Liability: The basis for claiming compensation is that someone else is liable for the accident. This could be, for example, the owner of the boat, the rental company of water sports equipment, another water sports enthusiast or a public authority.
- Tort: In order to claim compensation, there must be a tort. This means that someone has done or failed to do something that has caused damage. There must be a violation of standards.
- Causal link: There must be a causal link between the tort and the damage. In other words, damage must be the result of unlawful behavior.
- Damage: The damage you suffer must be objectively determinable. This can be both material damage (such as medical costs) and immaterial damage (such as pain and suffering).
Liability for personal injury due to water sports:
Who is liable for your personal injury? That depends on the specific circumstances of the accident. In some cases, the owner of the water sports location may be liable, for example if there is defective equipment or an unsafe environment. The instructor or rental company may also be liable if he or she has been negligent in giving instructions or checking safety. In other cases, another water sports enthusiast may be liable, for example in the event of a collision or if someone displays reckless behavior.
Legislation that may apply:
Various laws and regulations may apply to personal injury caused by water sports. These include:
- Civil Code: This is the most important law in the field of private law and contains rules on tort and compensation.
- Hazardous Substances Liability Act: This law may apply if there is water pollution.
- Motor Vehicles Act: This law may apply to collisions between boats.
- Specific regulations for water sports areas: There may be local regulations that apply to certain water sports areas.
Importance of a personal injury lawyer
A personal injury lawyer specializes in handling cases in which someone has suffered injuries as a result of an accident. A lawyer can help you with:
- Determining liability: A lawyer can investigate who is liable for your damages.
- Calculating damages: A lawyer can help you calculate all damages, both material and immaterial damages. Read more about the Personal Injury Council Guidelines for Calculating Damages after an Accident in 2024
- Conducting negotiations: A lawyer can negotiate on your behalf with the liable party about compensation. Read more about: How does a personal injury case proceed? Your lawyer negotiates full financial compensation
- Starting a lawsuit: If no agreement can be reached, a lawyer can start a lawsuit for you.
In short: If you have suffered personal injury as a result of water sports, it is advisable to contact a specialized personal injury lawyer as soon as possible. MCJ Advocatuur can provide you with legal assistance and help you protect your rights.