Liability for Horse Damage: What to Do?

Questioner

My horse is in training while I am abroad. When I was brought in from the pasture by an employee of the company, my horse started to rear up, which caused her to let go and my horse ran away. In the other pastures, a few other horses were already acting a bit hot. My horse then ran into stationary cars at full speed and tried to jump over them, causing damage to cars and considerable damage to my horse. My horse almost did not survive. Who is responsible for the damage to both cars and horse, and therefore responsible for the operation costs.

Lawyer

The damage to the cars of your stray horse should in principle be compensated by you on the basis of the law. Article 179 of Book 6 of the Civil Code stipulates that you as the owner are liable for your (stray) animal. This is called the so-called risk liability. However, there is case law in which the riding school and not the owner was held liable for (injury) damage caused by a horse that was kept at that riding school for training. I assume that your riding school has insurance for this? Depending on the content of the agreement that you have concluded with the riding school and the agreements contained in that agreement about the care of your horse and the liability of the riding school, you could certainly also hold the riding school liable for the damage to the horse (surgery) as well as the damage to the cars. You must then prove that the riding school failed in its duties, or at least prove that serious errors were made and that damage occurred as a result of those errors.

Lawyer

If the horse is trained by the company for payment, then that company is in principle liable for the damage. What is important is what has been agreed between the parties, so whether there are any deviating agreements in the agreement. Therefore, if there is an agreement, it is necessary to have it read by a legal specialist. In any case, I advise you to hold the company liable for the damage and ask them to forward this to the company's liability insurance.

Questioner

Now we have no contract about the training. It is a verbal agreement, I do have proof of payment and invoices from the stable about the ridden competition and videos etc. They are also insured. My opinion is that they work with sport horses and should never have let that horse go. The mistake that was made here is that the employee in question is employed on the basis of the law for the disabled. Nothing against the employee, a sweet girl but not capable of keeping this horse. The owner of the stable was there and indicated that he had made an error of judgment, he had not seen this situation coming otherwise he would not have left my horse to her. Initially the stable also stated that they would reimburse but the race has not yet been run plus the fact that my horse has not yet recovered. There is a chance of 100% recovery but we are not there yet. If she does not recover and is out of action for the sport, is he also liable for that?

Lawyer

Based on your story, there is a reasonable chance that the manager can also be held liable for damages if the horse does not fully recover and therefore cannot be used for the sport for which the horse is trained. However, I hope that your horse will recover quickly and completely and that the riding school will take responsibility and compensate for all damages. If you still need help, you can always contact me.

Questioner

Now we have no contract about the training. It is a verbal agreement, I do have proof of payment and invoices from the stable about the ridden competition and videos etc. They are also insured. My opinion is that they work with sport horses and should never have let that horse go. The mistake that was made here is that the employee in question is employed on the basis of the law for the disabled. Nothing against the employee, a sweet girl but not capable of keeping this horse. The owner of the stable was there and indicated that he had made an error of judgment, he had not seen this situation coming otherwise he would not have left my horse to her. Initially the stable also stated that they would reimburse but the race has not yet been run plus the fact that my horse has not yet recovered. There is a chance of 100% recovery but we are not there yet. If she does not recover and is out of action for the sport, is he also liable for that?

Lawyer

In case of liability of the stable owner, liability applies for all damage. So also for damage if the horse can no longer be used in sports.