LIABILITY FOR ACTIONS OF SPORTSPERSONS ON THE FIELD OF PLAY IN SWITZERLAND

Reports of injuries sustained by sportspersons on the field of play are almost an every-day occurrence, especially in these times when competition is so fierce and so much is at stake, not only in sporting terms but also in financial terms.

Take the UEFA Champions League, for example, the total prize money for the 2024/2025 expanded competition is the staggering sum of €2.437 billion (around Sw.Frs. 2.283 billion )!

Such football injuries, especially long-term ones, may cost clubs championships and the prize money, as well as devaluing their players in transferability terms.

So, the question arises, who is legally responsible for football injuries or is it part of the game, where, inherently, there is some element of physical contact involved and, therefore, some risk of injury to players?

Certainly, as far as the law is concerned, in contact sports, like football, the legal doctrine of ‘volenti non fit inuria’ kicks in. This means that players, by participating in the game of football, willingly assume certain risks linked to the game.

However, there are some limits to the application of this doctrine of assumption of risk, in cases, for example, where the rules of the game have been violated, or intentional misconduct occurs or there is gross negligence.

In those cases, the player causing the harm can be held legally liable in tort (civil wrongdoing) or, in some serious and deliberate instances, for example, an intentional and serious foul, aimed to cause serious physical harm on the player, the offending player may be held criminally liable, and, if convicted, may face a custodial sentence.

In one case, the Swiss Federal Supreme Court held that criminal liability may, in principle, be assumed, where the foul is punishable according to the rules of the game. In another case, were the player was represented by Dr. Lucien W. Valloni, the Court held that the player’s tackle was not specifically aimed at the opposing player and thus fell within the rules of the game because it was a fight for the ball. In that case, the doctrine of assumption of risk came into play and there was no civil or criminal liability involved.

Apart from any legal consequences, any unlawful acts on the field of play may also be the subject of disciplinary proceedings by the football authorities concerned and the subject of appropriate sporting sanctions, which may include match bans or more serious sanctions, according to the particular circumstances.

In this field of sports law, it is a matter of circumstances alter cases!

We advise and represent players suffering and players inflicting harm on the field of play.

For further information, contact Lucien Valloni by email at ‘valloni@valloni.ch’.