Horse liability insurance for non-commercial animal keepers: How to avoid liability pitfalls
21 Nov 2025
4
Minutes
Katrin Straub
CEO at nextsure
A friend is looking after your horse, there is an accident – who is liable? Many underestimate the financial risk that private horse care without appropriate insurance coverage entails.
The topic in brief and concise terms
The horse owner is almost always liable under § 833 BGB, but even the non-commercial animal keeper can be held liable in case of suspected negligence under § 834 BGB.
A comprehensive horse liability insurance must explicitly include the risk of animal keepers to avoid coverage gaps and to protect private helpers.
Written agreements between horse owners and animal carers, confirming insurance coverage, create legal certainty and protect against financial losses.
Legal Basics: Understanding the Liability of Animal Owners and Animal Keepers
The Civil Code (BGB) strictly regulates liability for damages caused by animals. According to § 833 BGB, the animal owner is fundamentally liable for all damages caused by their animal - this is known as strict liability. An animal owner is someone who exercises control over the horse and covers its costs. In contrast, an animal keeper takes contractual responsibility for supervising and has actual control over the animal.
An example: Horse owner Sarah (animal owner) asks her friend Tom to look after her horse for a week (non-commercial animal keeper). If the horse causes damage during this time, Sarah is almost always liable for one hundred percent. Tom, as the animal keeper, is only liable under § 834 BGB in cases of presumed fault and must therefore be able to exonerate himself. This distinction is of central importance for insurance coverage. Therefore, comprehensive horse liability insurance is the first line of defense. Precisely defining the responsibilities is crucial for the next step.
The underestimated risk: When private animal keepers are personally liable
The liability of the non-professional animal caretaker is often underestimated, as it is based on a courtesy. However, the law makes little distinction here. The caretaker must prove that they have observed the 'due diligence in traffic matters'. If they fail to provide this exculpatory evidence, they are liable alongside the animal owner and must cover the damage. A typical scenario is the improperly closed pasture gate, which leads to a traffic accident.
Imagine the horse escapes and causes an accident with personal injury, with costs exceeding 250,000 euros. Without insurance that covers the caretaker's risk, the private helper faces financial ruin. Even a small carelessness can have existential consequences. The following situations frequently lead to the liability of the animal caretaker:
Incorrect securing of the horse in the paddock or stable.
Use of unsuitable or defective equipment (e.g., halter).
Miscalculation of a situation when leading or riding the horse.
Failure to comply with specific instructions from the horse owner.
Such an incident highlights the importance of having coverage that exactly covers these scenarios, as detailed in our article who is liable if a horse escapes. The right policy closes this gap in coverage.
Avoiding coverage gaps: How the right policy protects the animal keeper
A standard equine liability insurance policy is often not sufficient to fully protect a non-commercial animal keeper. Horse owners must carefully review their contracts. It is crucial that third-party and animal keeper liability is explicitly included in the insurance coverage. This protects not only the helper but also the owner from potential claims for damages. A lack of coverage can seriously strain both friendship and finances for both parties.
Ensure there is sufficiently high coverage of at least 15 million euros for personal, property, and financial damages. Many policies today already offer coverage limits of 50 million euros without a significant additional premium. To find appropriate protection, you should pay attention to the following points:
The inclusion of the non-commercial animal keeper is explicitly mentioned.
The insurance sum is sufficiently high (at least 15 million euros).
Coverage for default on claims is included.
Rental property damage to stables and riding equipment is covered.
Other riders are also insured.
These criteria ensure that no unpleasant surprises arise in an emergency. An analysis of court rulings demonstrates the importance of these details.
From Practice: Court Judgments on the Liability of Horse Keepers
Court decisions repeatedly demonstrate the financial implications of animal keeper liability. A ruling by the Higher Regional Court of Cologne clarified that in cases of communal grazing, the animal owners are jointly and severally liable if it is unclear which horse caused the damage. This underscores the responsibility borne even when one's horse is merely part of a group. Legal dispute costs can quickly reach five-figure sums.
Another case before the Regional Court of Giessen demonstrated that even a co-rider can be held liable if an accident is not due to rider error. The courts examine very closely in each individual case whether the duty of care has been breached. A comparison of horse liability insurance tariffs is therefore essential to find a provider that also covers complex liability scenarios. With the right preparation, such legal disputes can be avoided.
Expert Tips: How to make horse care legally compliant
To minimise liability risks from the outset, horse owners and guardians should make clear arrangements. A verbal agreement is good, a written one is better. Even for unpaid favours, a brief document provides clarity and prevents misunderstandings. This should include the main duties and proof of insurance coverage. The costs for this are zero, but the benefit in the event of damage is invaluable.
Our expert tip: Create a simple care contract. This should record the duration of care, specific characteristics of the horse, and emergency contact details. The most important point is confirmation that equine liability insurance, which includes the guardian, is in place. The following points should not be missing:
Name and address of the owner and guardian.
Details of the horse (name, life number).
Confirmation of insurance coverage including the policy number.
Regulations for feeding and exercise.
Authorisation for emergency veterinary treatment.
These simple measures not only protect assets but also the personal relationship between owner and guardian. A good private liability insurance can also be useful for the guardian. Request an individual risk analysis now: Have your insurance situation checked free of charge and receive specific optimisation suggestions.
More useful links
Gesetze im Internet provides the exact wording of § 833 of the Civil Code (BGB), which regulates animal owner liability.
The Consumer Advice Centre provides comprehensive information about pet liability insurance and its significance.
The Federal Court of Justice (BGH) presents here a current decision from 11 June 2024, which is relevant to case law.
The Federal Statistical Office (Destatis) provides detailed information and statistics on animal husbandry and animal production in agriculture.
Gesetze im Internet provides the full text of the Animal Welfare Act (TierSchG).
The German Bundestag provides a PDF document (File number WD 7 - 112/21) on animal husbandry, highlighting legal and political aspects.
The Bavarian State Research Center for Agriculture (LfL Bayern) offers in this PDF document scientific findings and recommendations on the topic of animal husbandry.
FAQ
What exactly is a non-commercial animal caretaker?
A non-commercial animal caretaker is a person who temporarily supervises a horse without charge or as a favor (e.g., as a friend or neighbor) without engaging in commercial activities.
Why is a high coverage sum in horse liability insurance so important?
Accidents involving horses can quickly lead to personal injuries with lifelong annuities or high property damage. A coverage amount of at least 15 million euros protects against financial ruin in such extreme cases.
What happens if the horse liability insurance does not cover the risk of animal keepers?
If the keeper's liability is not covered, the keeper may be held personally liable in the event of damage. After settling the claim, the holder's insurer might attempt to reclaim the money from the keeper (recourse).
Does the insurance also cover damages caused by the animal caretaker to the horse itself?
Damage to the entrusted horse is often excluded from liability insurance. However, some premium plans do offer coverage for this as well. This should be carefully checked in the insurance contract.
Does a contract with the animal keeper need to be notarised?
No, a simple written agreement between the owner and the keeper is sufficient. It serves as proof of the arrangements made and provides clarification on the existing insurance coverage. Notarisation is not required.
Are external riders and riding participations the same as animal carers?
No, legally there are differences. A casual rider only uses the horse temporarily, whereas a riding partner is often more regular and involves more responsibility. An animal caretaker assumes complete supervision. All three risks should be covered in a good equine liability insurance.
