Horse Liability: Who Pays for Damages?

Questioner

The law states: the owner of a horse is liable for injury and/or damage caused by the animal. This is the result of the animal's own energy. My horse is for sale via a sales stable. He is also trained there and they take care of the sale. If an accident occurs at the sales stable, with MY horse, who is liable for injury/damage resulting from this?

Lawyer

The Supreme Court ruled in April 2011 that in the case you describe, the riding school is liable. The liability for the actions of an animal then shifts from the owner to the person who keeps and trains the horse commercially and for a fee.

Questioner

I thought I heard Rudolf's statement somewhere. The stable houses, trains and sells my horse for payment. But I wondered if I should put down on paper who is liable.

Lawyer

To be on the safe side, you can agree with the stable that if you - despite the statement I mentioned - are still liable towards someone who - for example - has been thrown from the horse or has been kicked, the stable must indemnify you for the damage. You can also agree with the stable that they are obliged to agree with every rider that they will never hold you liable as the owner of the horse. The question is how tenable such a provision is, because in such a case you deviate from his legal rights towards - usually - a private individual.

Lawyer

It is not surprising that the Supreme Court has ruled this way. Indeed, article 6:179 BW places liability on the owner of an animal. However, article 6:181 BW stipulates that when the horse is used for business purposes, the business user is liable instead of the owner. The Supreme Court's judgment can be found on the website of the judiciary under number BP1475. If it is sufficiently established that the sales stable uses the horse for business purposes, the qualitative liability shifts from you as the owner to the business user.