Horse liability insurance for non-commercial animal keepers: How to avoid liability pitfalls
21.11.2025
9
Minutes
Katrin Straub
Managing Director at nextsure
A friend looks after your horse, an accident happens – who is liable? Many underestimate the financial risk posed by private horse care without suitable insurance cover.
The topic in brief and concise terms
The horse owner is almost always liable under Section 833 of the German Civil Code (BGB), but the non-commercial keeper of the animal can also be held liable in recourse under Section 834 BGB in cases of presumed fault.
A comprehensive horse liability insurance policy must explicitly include keeper’s liability to avoid gaps in cover and protect the private helper.
Written agreements between horse owners and animal carers that confirm insurance cover create legal certainty and protect against financial loss.
Legal foundations: Understanding the liability of animal owners and keepers
The German Civil Code (BGB) regulates liability for damage caused by animals very strictly. Under Section 833 of the BGB, the animal owner is generally liable for all damage caused by their animal – this is referred to as strict liability. An animal owner is someone who exercises control over the horse and pays for its upkeep. The animal carer, by contrast, undertakes supervision by contract 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 carer). If the horse causes damage during this time, Sarah is almost always liable for one hundred per cent. Tom, as the animal carer, is only liable under Section 834 of the BGB in the event of presumed fault, so he must be able to exonerate himself. This distinction is of central importance for insurance cover. Comprehensive horse liability insurance is therefore the first line of defence. The precise delineation of responsibilities is crucial for the next step.
The underestimated risk: When private pet sitters are personally liable
The liability of the non-professional animal minder is often underestimated because it is based on a favour. Yet the law makes hardly any distinction here. The minder must prove that they have exercised the “due care required in traffic”. If they are unable to provide this exculpatory proof, they are liable alongside the animal owner and must compensate for the damage. A typical scenario is a pasture gate that has not been closed properly, leading to a road traffic accident.
Imagine the horse breaks loose and causes an accident involving personal injury, with costs amounting to more than €250,000. Without insurance that covers the minder risk, the private helper faces financial ruin. Even a small lapse in attention can have life-threatening consequences. The following situations often lead to the animal minder’s liability:
Improper securing of the horse in the paddock or stable.
Use of unsuitable or defective equipment (e.g. headcollar).
Misjudging a situation when leading or riding the horse.
Failure to comply with specific instructions from the horse owner.
Such an incident shows how important cover is that specifically includes these scenarios, as described in detail in our article who is liable when a horse breaks loose. The right policy closes this gap in cover.
Avoid coverage gaps: How the right policy protects the animal keeper
A standard horse liability policy is often not enough to provide full protection for a non-professional animal keeper. Horse owners must check their policy carefully. What matters is that third-party and animal-keeper risk are explicitly included in the scope of cover. This not only protects the helper, but also the owner from possible recourse claims. A lack of cover can place a heavy strain on both the friendship and the finances of both parties.
Make sure you have a sufficiently high cover limit of at least EUR 15 million for personal injury, property damage and financial loss. Many tariffs already offer cover limits of EUR 50 million today without a significant additional premium. To find the right protection, you should pay attention to the following points:
The inclusion of the non-commercial animal keeper is explicitly stated.
The sum insured is sufficiently high (at least EUR 15 million).
Claims default cover is included.
Damage to rented stable premises and riding-arena accessories is covered.
Other riders are also covered.
These criteria ensure that there are no nasty surprises in the event of a claim. An analysis of court rulings shows how important these details are.
From practice: court rulings on the liability of horse keepers
Court decisions repeatedly demonstrate the financial implications of animal keeper liability. In a ruling by the Cologne Higher Regional Court, it was clarified that in shared grazing arrangements, animal owners are jointly and severally liable if it is not clear which horse caused the damage. This underlines the responsibility one bears even when one’s own horse is only part of a group. The costs of legal proceedings can quickly reach five-figure sums.
Another case before the Giessen Regional Court showed that even a riding share arrangement can be held liable if an accident cannot be attributed to rider error. The courts examine very carefully on a case-by-case basis whether the duty of care has been breached. A comparison of horse liability insurance rates is therefore essential in order to find a provider that also covers complex liability scenarios. With the right preparation, such legal disputes can be avoided.
Expert tips: How to organise horse care in a legally compliant way
To minimise liability risks from the outset, horse owners and caretakers should make clear arrangements. A verbal agreement is good, but a written one is better. Even in the case of an unpaid favour, a short document creates clarity and helps prevent misunderstandings. It should contain the most important duties and proof of insurance cover. The cost of this is zero, while the benefit in the event of a claim is priceless.
Our expert tip: draw up a simple care agreement. This should set out the duration of the care, any special characteristics of the horse and emergency contact details. The most important point is confirmation that horse liability insurance is in place and includes the caretaker. The following points should not be missing:
Name and address of the owner and caretaker.
Details of the horse (name, identification number).
Confirmation of insurance cover including the policy number.
Arrangements for feeding and exercise.
Authorisation for emergency veterinary treatment.
These simple measures protect not only assets, but also the personal relationship between owner and caretaker. Good private liability insurance can also be worthwhile for the caretaker. Request an individual risk analysis now: Have your insurance situation checked free of charge and receive specific recommendations for optimisation.
More useful links
Laws on the Internet provides the exact wording of Section 833 of the German Civil Code (BGB), which governs animal owner liability.
The Consumer Advice Centre provides comprehensive information on liability insurance for pets and its significance.
The Federal Court of Justice (BGH) provides a current decision from 11 June 2024 that is relevant to case law.
The Federal Statistical Office (Destatis) provides detailed information and statistics on animal husbandry and animal production in agriculture.
Laws on the Internet provides the full text of the Animal Welfare Act (TierSchG).
The German Bundestag provides a PDF document (reference WD 7 - 112/21) on animal husbandry, which sheds light on legal and political aspects.
The Bavarian State Institute for Agriculture (LfL Bavaria) offers scientific findings and recommendations on animal husbandry in this PDF document.
FAQ
What exactly is a non-commercial animal keeper?
A non-commercial animal keeper is a person who temporarily takes charge of a horse free of charge and as a favour (e.g. as a friend or neighbour), without carrying out a commercial activity.
Why is a high cover limit in horse liability insurance so important?
Accidents involving horses can quickly lead to personal injury claims with lifelong pension payments or significant property damage. A cover amount of at least 15 million euros protects you from financial ruin should such an extreme case occur.
What happens if the horse liability insurance does not cover the keeper risk?
If the animal keeper risk is not covered, the animal keeper can be held personally liable in the event of a claim. After settling the loss, the policyholder’s insurer could try to recover the money from the animal keeper (recourse).
Does the insurance also cover damage that the animal keeper causes to the horse itself?
Damage to the horse entrusted to you is often excluded from liability insurance. However, some premium plans also offer cover for this. This should be checked carefully in the insurance contract.
Does a contract with the animal keeper need to be notarised?
No, a simple written agreement between the owner and keeper is sufficient. It serves as evidence of the arrangements agreed and of the information provided about the existing insurance cover. Notarisation is not required.
Are third-party riders and riding partnerships the same as animal keepers?
No, there are legal differences. A third-party rider uses the horse only temporarily, whereas a riding-share arrangement is often more regular and involves greater responsibility. A keeper assumes full supervision. All three risks should be covered by a good equine liability insurance policy.
