Horse liability insurance and mandatory helmet clause: how to secure 100% cover
27.09.2025
6
Minutes
Katrin Straub
Managing Director at nextsure
A fall from a horse can happen quickly and cause serious head injuries. But what happens if you were not wearing a helmet? Many riders unknowingly risk significant reductions in their insurance benefits.
The topic in brief and concise terms
Riding without a helmet can lead to a reduction in insurance benefits of up to 30 per cent, even without a legal helmet requirement.
The basis for the reduction is usually Section 254 of the German Civil Code (BGB), the contributory negligence provision, which courts regularly apply.
Horse owners should contractually stipulate a helmet requirement for riding sharers to minimise their own liability risk.
Riding accident cost trap: avoid a 30 per cent reduction in benefits without a helmet
A riding accident without a helmet can quickly become a financial catastrophe. If a court finds the injured rider partly to blame, deductions of up to 30 per cent of the damages may follow. With treatment costs and loss of earnings of, for example, 100,000 euros, that means a shortfall of 30,000 euros. You would have to pay this amount out of your own pocket, even though there is comprehensive horse liability insurance. Courts argue that wearing a helmet is part of general safety awareness and is reasonable.
Not wearing a helmet is regarded as negligent disregard for your own safety. A ruling by the Schleswig-Holstein Higher Regional Court in another case made clear how important compliance with safety standards is. Even if there is no legal helmet requirement, case law establishes a clear responsibility for the rider. This financial risk can be completely avoided by wearing simple protective equipment. The legal basis for this is often not even a clause in the contract, but a general legal principle.
Check contract details: the helmet requirement clause in your policy
Some insurers have an explicit “horse liability helmet requirement clause” embedded in their terms and conditions. This clause contractually regulates the consequences of riding without a helmet. A close look at the insurance documents is therefore essential. Look for wording that refers to the policyholder’s obligations or safety regulations.
There are many possible forms such a clause can take. Here are four common variants:
Exclusion of cover: the insurer does not pay at all for head injuries if no helmet was worn.
Percentage reduction: the contract specifies a fixed reduction, for example by 25 per cent.
Reference to laws: the policy makes a general reference to the legal position on contributory negligence.
No provision: the contract contains no statement, so the general case law applies.
Even without an explicit clause, your benefit may be reduced. A comparison of horse liability insurance tariffs helps you find providers with transparent and fair terms. However, even the best contract does not protect you from the general legal provisions.
Legal basis: How Section 254 BGB reduces your claims
The decisive legal lever is Section 254 of the German Civil Code (BGB) on contributory negligence. It states that an injured party who contributed to the occurrence of the damage will only be compensated for part of their loss. In a riding accident without a helmet, insurers argue that the head injuries would have been less severe or entirely avoided had a helmet been worn. This argument is regularly upheld by German courts.
The German Equestrian Federation (FN) points out that around 25 per cent of injuries in horse sports accidents affect the head. This figure underlines the need for head protection. Courts regard riding without a helmet as an obvious risk that the rider knowingly takes. Liability is therefore shared, even if the horse owner is generally liable for the risk posed by their animal. This rule applies not only to the horse owner themselves, but to anyone who has dealings with the horse.
Liability trap for external riders: optimising protection for part-loan riders
The contributory negligence rule also applies to third-party riders and riding sharers, which is a sensitive issue for horse owners. If a riding sharer is injured without a helmet, your horse owner's liability insurance may reduce the payment to the injured party. This can lead to substantial financial claims directly against you as the owner and strain the personal relationship. So make sure you have multiple layers of protection.
Follow these four steps to minimise your risk:
Agree in writing in the riding-sharing agreement to an unconditional helmet requirement.
Check whether your policy explicitly and adequately covers the risk for third-party riders.
Documentedly inform your riding sharer about the insurance implications.
Ensure a sufficiently high cover limit of at least 15 million euros.
Clear communication and contractual provisions are crucial to avoid misunderstandings. That way, you protect not only yourself, but also the people to whom you entrust your horse.
Expert tip: How to ensure 100% insurance cover
To receive the full benefits of your horse liability insurance in the event of a claim, you should act proactively. The aim is to leave insurers and courts with no grounds to reduce the payout. Our expert tip: treat the riding helmet as a permanent part of your kit, just like the saddle and bridle. This way, you minimise the health and financial risk on 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: Review your current horse insurance for a horse liability helmet-mandatory clause and clarify any uncertainties with an adviser.
Document agreements: Put the helmet requirement in writing for each riding share.
A high sum insured protects you from the financial consequences if something does happen after all. Expert advice, such as we offer at nextsure, provides additional peace of mind here. This ensures that your insurance cover comes into effect in an emergency.
Request an individual risk analysis now: Have your insurance situation reviewed free of charge and receive concrete suggestions for optimisation.
More useful links
The German Equestrian Federation (FN) offers comprehensive information on the correct equipment for horses and riders.
The Central German Broadcasting (MDR) provides a fact check on the topic of horse riding.
The German Equestrian Federation (FN) provides information on safety when riding and handling horses.
The Consumer Advice Centre offers important information on liability insurance for pets.
The Social Insurance for Agriculture, Forestry and Horticulture (SVLFG) provides information on horse keeping.
FAQ
What exactly is a horse liability insurance helmet requirement clause?
A helmet requirement clause is a specific condition in the insurance policy 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 insurance benefit be reduced?
In various cases, courts have assumed contributory negligence of 20 to 30 per cent. The exact amount depends on the individual case, but a reduction of this magnitude must be expected.
Am I covered if my policy does not include a helmet requirement clause?
No. Even without an explicit clause, the statutory provision on contributory negligence (§ 254 BGB) applies. Insurers will rely on this to reduce benefits, and often succeed in court.
What type of helmet is required for full insurance cover?
It should always be a helmet specially 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 accepted.
How can I, as a horse owner, ensure my riding sharer complies with the helmet requirement?
The safest method is a written riding partnership agreement in which an absolute helmet requirement is stipulated for handling the horse and for riding. This creates clarity and protects you legally.
