Liability in horse riding: who is responsible?

Questioner

I am a grown woman and ride someone else's horse, if I fall off who is liable? If I want to take this responsibility myself how should I go about this?

Lawyer

In case of injury as a result of a fall from a horse, due to an unexpected movement of the horse, the owner is liable. Note that there must be an unexpected movement of the horse. So for example not jumping over an obstacle where you fall from the horse. Often, when a horse falls, a percentage of the rider's own fault is attributed. As a rule, 50% is the maximum. You can bear this responsibility yourself by not holding the owner of the horse liable. However, if an insurer compensates you for damage due to a fall from the horse, the insurer may hold the owner of the horse liable. If you want to prevent the owner from having to pay for the damage, the owner must take out liability insurance for the horse.

Lawyer

The owner of the horse remains liable. The fact that you choose to ride the horse yourself does not change this. However, the obligation to pay compensation can be reduced by a percentage of your own fault. You can limit or exclude this liability for the owner by making written agreements.

Lawyer

In this case, I would have a written user agreement drawn up in which it is clearly stated that you are obliged to take out insurance for such risks; that you are aware of these risks and will bear them and indemnify the owner in this regard. I would also include that you may only use the horse under the explicit condition that you have taken out insurance and paid the insurance premiums on time. The agreement on insurance reduces the chance that the owner will still be held liable.