Horse Riding Liability: Important Tips

Questioner

Best legal aid office. My daughter rides and drives someone else's horse. If something happens and/or damage is caused to (property of) a third party, who is liable. And how can I arrange for us to be liable and for the owner of the horse to no longer be responsible at the time that my daughter rides the horse? Is a 'simple' agreement signed by both parties legally valid? e.g.

Lawyer

You cannot prevent the owner of the horse from being held liable because all parties can be held individually and jointly liable if there is damage to property or injury as a result of a mistake by your daughter. It is most obvious for the victim to hold the rider liable, but if he or she is insufficiently insured, there are other options, such as the owner, but also the stable owner and parents. Companies and businesses often try to accept liability for damage resulting from mistakes only in the event of intent or deliberate recklessness. Whether it makes sense to draw up an agreement between your daughter and the owner of the horse with such a clause; I personally do not think so. A lawyer, legal expert or insurance company will see right through that.

Lawyer

In addition to my colleague, if your daughter were to ride the horse and the horse caused damage to another person, through no fault of your daughter, then according to the law the owner (almost always the owner of the horse) is liable. This could happen, for example, if the horse was startled while being ridden, bucked and kicked a passer-by. If your daughter had not been able to prevent this, then it would be a strict liability of the owner of the horse. An agreement with the owner will not override this legal provision.

Lawyer

I agree with the previous answers. You can of course agree with the owner that he will be indemnified against any claims from third parties as a result of damage caused by your daughter while riding. However, this does not prevent this third party from continuing to recover his damage from the owner. The owner can then hold your daughter liable for this on the basis of the agreement.

Questioner

Thank you all for the reply. I think I'll buy the horse after all