Horse owner liability: what now?

Questioner

Hello, I am the owner of a horse and this horse is placed at a riding school for training. However, this horse has now injured a girl after training, because this horse was loose in the arena and this girl entered the arena, while the instructor was not paying attention. Am I now liable as the owner for the damage that the girl has suffered?

Lawyer

No, you are not. The instructor has a duty of care and the girl who approached the arena without asking is making a form of own fault. The owner of an animal is only guilty if he or she is directly related to the animal. So not due to the fault of third parties. If you have any questions, please ask.

Lawyer

The owner (Article 3:107 BW) of the horse is liable for the damage caused by the horse on the basis of Article 6:179 BW. The damage must be the result of the horse's own energy and the unpredictable element therein. However, I understand that you have placed the horse with a riding school for training. The riding school can be liable on the basis of Article 6:181 BW as a commercial user of the horse. In the Loretta judgment, the Supreme Court ruled that both grounds for liability (qualitative liabilities) cannot be combined. In other words: liability rests either with the owner (Article 6:179 BW) or with the commercial user (Article 6:181 BW). However, a party can also be liable on the basis of an unlawful act (Article 6:162 BW). This means that the riding school may also be held liable for the error of a subordinate (instructor) on the basis of Article 6:170 BW. In any case, it is important for you to know that the Loretta ruling ruled that it is not the owner of the horse who is the qualitatively liable party, but the riding school that trains the horse. In other words: you are not liable.