Horse liability and helmet requirement clause: How to secure 100% performance
27 Sept 2025
11
Minutes
Katrin Straub
CEO at nextsure
A fall from a horse can quickly happen and cause serious head injuries. But what happens if you weren't wearing a helmet at the time? Many riders unknowingly risk significant reductions in their insurance benefits.
The topic in brief and concise terms
Riding without a helmet can result in a reduction of insurance benefits by up to 30 percent, even without a legal requirement to wear a helmet.
The basis for the reduction is usually the contributory negligence paragraph § 254 BGB, which courts regularly apply.
Horse owners should contractually stipulate a helmet requirement with riding shares to minimize their own liability risk.
Cost trap horse riding accident: Avoid a 30 percent reduction in benefits without a helmet
An accident while riding without a helmet can quickly become a financial catastrophe. If a court determines the injured rider is partly to blame, deductions of up to 30 per cent of the damage amount may be imposed. With treatment costs and loss of earnings amounting to, for example, 100,000 euros, this means a gap of 30,000 euros. You would have to pay this amount out of your own pocket, even though comprehensive equine liability insurance is in place. Courts argue that wearing a helmet is part of general traffic awareness and is reasonable.
The failure to wear a helmet is considered negligent disregard for one's own safety. A ruling by the Higher Regional Court of Schleswig-Holstein in another case clearly highlighted the importance of adhering to safety standards. Even though there is no statutory helmet requirement, the case law establishes a clear responsibility for the rider. This financial risk can be completely avoided by wearing simple protective gear. The legal basis for this is often not even a clause in a contract, but a general legal principle.
Check contract details: The helmet requirement clause in your policy
Some insurers have an explicit 'Equine Liability Helmet Clause' embedded in their terms. This clause contractually specifies the consequences of riding without a helmet. Therefore, it is essential to take a close look at the insurance documents. Look for wording that refers to the policyholder's obligations or safety regulations.
Possible variations of such a clause are diverse. Here are four common versions:
Exclusion of benefits: The insurance does not cover head injuries at all if no helmet was worn.
Percentage deduction: The contract mandates a fixed deduction, for example, by 25 percent.
Reference to laws: The policy generally refers to the legal situation regarding contributory negligence.
No regulation: The contract contains no provisions, allowing general legal rulings to apply.
Even without an explicit clause, your benefit can be reduced. A comparison of equine liability rates helps find providers with transparent and fair terms. However, even the best contract does not protect against general legal regulations.
Legal basis: How § 254 BGB reduces your claims
The crucial legal lever is Paragraph 254 of the German Civil Code (BGB) concerning contributory negligence. It states that an injured party who contributed to the damage only gets part of their damage compensated. In the case of a riding accident without a helmet, insurers argue that head injuries would have been less severe or entirely avoided with the use of a helmet. This argument is regularly upheld by German courts.
The German Equestrian Federation (FN) points out that in equestrian sports accidents, around 25 percent of injuries affect the head. This figure underscores the necessity of head protection. Courts view riding without a helmet as a discernible risk consciously undertaken by the rider. This means responsibility is shared, even if the horse owner is fundamentally liable for the risk posed by their animal. This regulation affects not only the horse owner themselves but everyone involved with the horse.
Liability Trap for External Riders: Optimise Protection for Riding Partnerships
The contributory negligence rule also applies to external riders and lease riders, which is delicate for the horse owner. If a lease rider injures themselves without a helmet, your horse owner's liability insurance may reduce the payment to the injured party. This can lead to significant financial claims directly against you as the owner and strain personal relationships. Therefore, ensure you have multiple safeguards in place.
Follow these four steps to minimise your risk:
Include an absolute helmet requirement in the lease rider contract in writing.
Check whether your policy explicitly and adequately covers the risk for external riders.
Inform your lease rider demonstrably about the insurance-related consequences.
Ensure a sufficiently high coverage amount of at least 15 million euros.
Clear communication and contractual agreement are crucial to avoid misunderstandings. This way, you protect not only yourself but also the people you entrust your horse to.
Expert tip: How to ensure 100% insurance coverage
To receive the full benefits of your horse liability insurance in the event of a claim, you should act proactively. It’s about not giving insurers and courts any reason to reduce your benefits. Our expert tip: Consider the riding helmet as an integral part of your equipment, just like saddle and bridle. This way, you minimize both health and financial risks with every ride.
Pay attention to the following three points for maximum protection:
Always wear a helmet: Use only certified riding helmets that meet the current standard (e.g., VG1 01.040 2014-12).
Check your policy: Analyze your current horse insurance for a helmet obligation clause in the horse liability section and clarify any uncertainties with an adviser.
Document agreements: Record the helmet obligation for each riding partnership in writing.
A high coverage amount protects you from financial consequences should something happen. Expert advice, such as that provided by nextsure, offers additional security. This ensures that your insurance protection is effective in a critical situation.
Request a personalised risk analysis now: Have your insurance situation reviewed for free and get specific suggestions for improvement.
More useful links
The Deutsche Reiterliche Vereinigung (FN) offers comprehensive information on the correct equipment for horse and rider.
The Mitteldeutsche Rundfunk (MDR) provides a fact-check on the topic of riding.
The Deutsche Reiterliche Vereinigung (FN) provides information on safety when riding and handling horses.
The Verbraucherzentrale offers important information about liability insurance for pets.
The Sozialversicherung für Landwirtschaft, Forsten und Gartenbau (SVLFG) provides information on horse care.
FAQ
What exactly is an equine liability helmet requirement clause?
A helmet requirement clause is a specific condition within the insurance contract that governs the consequences of riding without a helmet. It can range from a percentage reduction in benefits to a complete exclusion of liability for head injuries.
How much can the reduction in insurance benefits be?
Courts have attributed a contributory negligence of 20 to 30 percent in various cases. The exact amount depends on the individual case, but a reduction of this magnitude should be anticipated.
Am I safe if there is no helmet clause in my policy?
No. Even without an explicit clause, the legal regulation on contributory negligence (§ 254 BGB) applies. Insurers will rely on it to reduce benefits, and they are often upheld in court.
What type of helmet is required for full insurance coverage?
It should always be a helmet specifically designed and tested for riding that complies with a valid safety standard (e.g., VG1 01.040 2014-12). Bicycle or ski helmets do not provide adequate protection and are not recognised.
How can I, as a horse owner, encourage my riding partners to adhere to helmet requirements?
The safest method is a written riding participation agreement, which establishes a mandatory helmet requirement for handling the horse and riding. This creates clarity and legally protects you.
