A footballer who treats his opponent in accordance with the rules of German Football Association (DFB) deliberately brutally fouls, must be liable for the injuries caused by it. These decision met the 7th civil senate of the Schleswig-Holstein Higher Regional Court. In the present case, the plaintiff was fouled in the eighth minute of the game in a district class game in May 2017 and suffered significant injuries. The referee punished the action with a red card.
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Injury to the opponent accepted with approval
The reasoning of the Higher Regional Court (OLG) states that not every rule violation necessarily leads to an obligation to pay damages. The decisive factor is the degree of rule violation and the degree of fault. The defendant accepted the serious injury suffered by the plaintiff with approval. It is a “brutal game” in the sense of the Rule 12 of the DFB, says attorney Thomas Kinschewski:
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Brutal play occurs when a player is excessively harsh and endangers the safety of an opponent. Such a player must be sent off.
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The defendant committed this gross foul without the game situation providing a reason for it. He had no realistic possibility of winning the ball, announced the OLG.
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File number: 7 U 214/1 at the Schleswig-Holstein Higher Regional Court
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