Damage caused by another horse: How your horse owner's liability insurance protects you from costs
30.11.2025
10
Minutes
Katrin Straub
Managing Director at nextsure
A moment of inattention in the paddock, and it happens: one horse kicks another. The vet bill can quickly run into four figures, but who is responsible? This article clarifies the complex liability question in the event of damage caused by another horse and shows how equine liability insurance protects you.
The topic in brief and concise terms
Under section 833 of the German Civil Code, liability for animal keepers obliges horse owners to pay damages, even without their own fault.
In paddock accidents involving horses, liability is often split 50/50, as the inherent risk posed by both animals is a contributing factor.
Horse owner’s liability insurance is essential, as it pays valid claims and defends against unjustified ones.
The legal basis: understanding animal owner liability under Section 833 of the German Civil Code (BGB)
The responsibility for a horse goes beyond daily care and includes extensive statutory liability. The German Civil Code (BGB) regulates the so-called liability of animal keepers in Section 833, a strict liability regime. This means you are liable for damage caused by your horse with all your private assets, even if you are not at fault. For example: your horse gets spooked and damages a fence worth €800. The mere keeping of the animal establishes your obligation to compensate. A solid horse owner's liability insurance is therefore an absolute necessity for every horse owner. This basic liability is the starting point for all more complex claims for damages.
The most common case: allocation of liability in pasture and paddock accidents
Interactions often occur in the pasture or paddock, in which one horse injures another. Here the question of liability becomes complex, as the so-called animal risk of both animals often contributes to the damage. In such cases, courts regularly assume shared liability. In case law, a 50 percent contributory liability share has become established when the exact sequence of events is unclear. This means you bear half of the veterinary costs for your injured horse yourself, while the owner of the other horse covers the other half. This 50/50 rule is a common court compromise. A good comparison of horse liability insurance rates shows you which insurers cover such cases. Clear attribution of fault is therefore not always the decisive question.
If the responsible party is unclear: joint and several liability
What happens if your horse is injured in a group of ten animals and the "perpetrator" cannot be identified? In this scenario, joint and several liability may apply. This means that potentially all owners of the horses in question have to pay for the damage. However, a specific animal risk must be proven that at least made the damage possible. If it cannot be clarified how the accident happened, under certain circumstances none of the other owners is liable. Such a case has already reached the Federal Court of Justice, which set high standards for proof. Documentation by witnesses or photos can make the crucial difference here, amounting to several thousand euros. Clarifying the circumstances precisely is therefore crucial for the next step.
The Role of the Stable Operator: When the Duty of Supervision Is Breached
The sole responsibility does not always lie with the horse owners. The stable operator also has duties, the breach of which can give rise to liability. This includes the safe design of paddocks and turnout areas. A practical example: a horse is seriously injured because a fence post was rotten and gave way. In this case, the operator may be held liable for the damage, for example €3,000, due to a breach of their duty of care. The horse owner must be able to prove this breach of duty. It is advisable to set out clear provisions in the boarding agreement. A stable operator should ensure the following points:
Regular inspection and maintenance of the fences.
Careful grouping of the herds to minimise conflicts.
Enough space and feeding stations to avoid dominance fights.
A clear pasture rule for all boarders.
Check whether your horse liability insurance also covers rental damage, as this often also affects fences. Contractual protection forms the basis for insurance cover.
Expert depth: Recent rulings and what they mean for you
The theory of shared liability is supported by numerous court rulings. The Higher Regional Court of Düsseldorf already ruled in 1998 in a case where a yearling in a pasture suffered a broken leg. The courts tend to weigh the inherent risk posed by both horses against each other. Our expert tip: Keep a detailed log of incidents in the herd. In the event of a dispute, this can serve as important evidence if a horse is known as a notorious “brawler”. Another important distinction concerns livestock, for which different liability rules apply than for “luxury animals” kept for pleasure. Your horse insurance should be tailored to private ownership. These legal nuances determine how your insurance responds in the event of a claim.
How your insurer acts: From reporting the claim to settlement
If a claim arises, horse owner's liability insurance is your most important partner. It fulfils two key tasks. First, it checks the claims made against you and pays justified claims up to the agreed cover limit, often of more than ten million euros. Second, it defends you against unjustified or excessive claims, which is known as passive legal protection. Report any loss immediately, often within seven days. The following steps are important after an incident:
Document the damage with photos and notes.
Collect the contact details of witnesses and everyone involved.
Inform your insurer about the incident immediately.
Do not make any admissions of liability at the scene.
Choosing the right cover limit for your horse liability insurance is crucial for seamless protection. This ensures you are properly covered in the event of a claim.
Although good insurance is essential, the best protection begins with prevention. A well-considered integration of new horses into an existing herd can reduce the risk of injury by up to thirty percent. Start with protected contact over a secure fence for a few days. Observe the animals’ behaviour closely before letting them mix. Make sure that dominant or aggressive horses are not introduced into a group with lower-ranking or already injured animals. Good coordination with the yard owner and other livery clients is worth its weight in gold here and can save hundreds of euros in veterinary costs. A safe environment is the best precaution before the question arises, who is liable if a horse breaks out. Request an individual risk analysis now: Have your insurance situation checked free of charge and receive specific optimisation suggestions.
More useful links
The Federal Ministry of Justice and Consumer Protection provides the full text of Section 833 of the German Civil Code (BGB) on animal keeper liability, which forms the legal basis for the liability of horse owners.
The Consumer Advice Centre provides comprehensive information on the importance and scope of third-party liability insurance for pets, including horses.
Pferd-aktuell.de, the official website of the German Equestrian Federation (FN), offers current news and specialist articles on horses, equestrian sports and species-appropriate horse husbandry.
The Federal Statistical Office (Destatis) provides detailed statistical data and publications on animal husbandry and animal production in Germany.
The Insurance Ombudsman is an independent arbitration body that mediates and advises in disputes between policyholders and insurance companies.
The Lower Saxony Chamber of Agriculture offers comprehensive information, advice and services for farmers and animal keepers, including relevant topics on horse husbandry.
FAQ
What exactly is the 'risk posed by animals' under the BGB?
Animal risk describes the unpredictable and instinct-driven behaviour of an animal that can lead to damage. From this potential danger alone, the legislator derives the strict liability of the animal keeper in Section 833 of the German Civil Code (BGB), irrespective of fault.
Does my private liability insurance cover damage caused by my horse?
No, for damage caused by horses or dogs, you need separate animal owner's liability insurance. Private liability insurance generally excludes these large animals.
Is pasture risk always covered in horse owner liability insurance?
Not always. Some older or very inexpensive policies can exclude pasture risk. It is very important to check the insurance terms and conditions carefully, as most damage between horses occurs in the pasture.
How high should the cover limit of my horse liability insurance be?
Experts recommend a sum insured of at least ten million euros. Personal injury claims in particular can quickly cause costs in the millions. A high sum insured protects you from financial ruin.
