Damage caused by another horse: How your equine liability insurance protects against costs
30 Nov 2025
3
Minutes
Katrin Straub
CEO at nextsure
A careless moment in the paddock, and it happens: one horse kicks another. The vet bill can quickly reach four-figure sums, but who is responsible for covering it? This article clarifies the complex liability issues when one horse causes damage to another and explains how equine liability insurance can protect you.
The topic in brief and concise terms
Under § 833 BGB, animal owner liability requires horse owners to compensate for damages, even without personal fault.
In cases of pasture accidents involving horses, liability is often shared fifty percent because the inherent danger of both animals is a contributing factor.
An equine liability insurance is indispensable as it pays legitimate claims and defends against illegitimate ones.
Understanding the Legal Basis: Animal Owner Liability under § 833 BGB
Responsibility for a horse goes beyond daily care and includes extensive legal liability. The Civil Code (BGB) regulates in Paragraph 833 the so-called animal owner's liability, a strict liability. This means you are liable for damages caused by your horse with your entire private assets, even if you are not at fault. An example: Your horse gets startled and damages a fence worth 800 euros. The mere keeping of the animal establishes your liability. Therefore, a solid horse owner's liability insurance is an absolute necessity for every horse owner. This basic liability is the starting point for all more complex damage cases.
The most common case: Liability distribution in pasture and paddock accidents
In the field or paddock, interactions often occur where one horse injures another. This raises complex liability questions, as typically the inherent risk of both animals contributes to the harm. Courts regularly rule in such cases that liability is shared. A contribution rate of fifty percent has become established in case law when the exact circumstances are unclear. This means you cover half of the veterinary costs for your injured horse yourself, while the owner of the other horse covers the other half. This 50/50 arrangement is a common judicial compromise. A good comparison of horse liability insurance tariffs shows you which insurers cover such cases. Therefore, clearly assigning blame is not always the decisive question.
If the cause is unclear: Joint and several liability
What happens if your horse is injured in a group of ten animals and the 'culprit' 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 compensate for the damage. However, a specific animal hazard must be proven that at least enabled the damage. If it cannot be clarified how the accident happened, none of the other owners might be liable. Such a case has already reached the Federal Court of Justice, which set high standards for the proof required. Documentation through witnesses or photos can make the crucial difference of several thousand euros here. Therefore, the precise clarification of the circumstances is vital for the next step.
The Role of the Stable Operator: When Supervisory Duty is Breached
Responsibility does not always lie solely with the horse owners. The stable operator also has obligations, the breach of which can lead to liability. This includes the safe design of paddocks and enclosures. A practical example: A horse is seriously injured because a fence post was decayed and gave way. In this case, the operator can be held liable for the damage—for example, 3,000 euros—due to a breach of their duty of care. However, the horse owner must be able to prove this breach of duty. It is advisable to make clear arrangements in the boarding contract. A stable operator should ensure the following points:
Regular inspection and maintenance of the fences.
Careful composition of the herds to minimise conflicts.
Adequate space and feeding stations to avoid hierarchical fights.
A clear pasture policy for all boarders.
Check whether your horse liability insurance also covers rental damage, as this often involves fences. Contractual arrangements form the basis for insurance coverage.
Expert Depth: Recent judgments and their significance for you
The theory of shared liability is supported by numerous court decisions. The Higher Regional Court of Düsseldorf already ruled in 1998 on a case where a yearling suffered a leg fracture in the pasture. Courts tend to weigh the risks posed by each horse against one another. Our expert tip: Keep a detailed diary of incidents in the herd. This can serve as important evidence in a dispute if a horse is known to be a 'kicker'. Another important distinction concerns livestock, for which different liability rules apply compared to 'luxury animals' kept for pleasure. Your horse insurance should be tailored to private ownership. These legal subtleties determine how your insurance acts in the event of damage.
How your insurance operates: From the claim report to settlement
In the event of a claim, equine liability insurance is your most important partner. It takes on two key tasks. First, it examines the claims made against you and pays legitimate demands up to the agreed coverage amount, often exceeding ten million euros. Second, it fends off unjustified or excessive claims for you, known as passive legal protection. Report a claim immediately, often within seven days. The following steps are important after an incident:
Document the damage with photos and notes.
Gather contact details from witnesses and involved parties.
Immediately inform your insurer about the incident.
Do not make any admissions of fault on site.
Choosing the right coverage amount for your equine liability is crucial for uninterrupted protection. This ensures that you are properly secured in case of an emergency.
Prevention: How to actively minimize the risk for your horse
Although good insurance is essential, the best protection starts with prevention. A well-planned 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 together. Ensure that dominant or aggressive horses are not placed with subordinate or already injured animals in a group. Good coordination with the stable operator and other boarders is invaluable here and can save veterinary costs of hundreds of euros. A safe environment is the best precaution before the question arises, who is liable in the event of a breakout. Request an individual risk analysis now: Have your insurance situation checked free of charge and receive concrete optimisation suggestions.
More useful links
The Federal Ministry of Justice and Consumer Protection provides the full text of § 833 of the German Civil Code (BGB) on liability for animal keepers, which forms the legal basis for liability for horse owners.
The Consumer Centre offers comprehensive information on the importance and scope of liability insurance for pets, including horses.
Pferd-aktuell.de, the official website of the German Equestrian Federation (FN), provides the latest news and professional articles about horses, equestrian sports, and proper horse care.
The Federal Statistical Office (Destatis) delivers detailed statistical data and publications on livestock farming and animal production in Germany.
The Insurance Ombudsman is an independent dispute resolution service that mediates and advises on disputes between policyholders and insurance companies.
The Chamber of Agriculture of Lower Saxony offers comprehensive information, advice, and services for farmers and animal keepers, including relevant topics on horse keeping.
FAQ
What exactly is the 'animal risk' according to the BGB?
Animal risk describes the unpredictable and instinct-driven behavior of an animal that can lead to damage. From this potential danger alone, the law derives the strict liability of the animal keeper in § 833 BGB, regardless of culpability.
Does my private liability insurance cover damage caused by my horse?
No, for damage caused by horses or dogs, you need a separate animal owner's liability insurance. Private liability insurance typically excludes these large animals.
Is the risk of rearing always covered by the horse owner liability insurance?
Not always. Some older or very affordable policies may exclude the risk of pasturing. It is very important to carefully examine the insurance terms, as most damage between horses occurs when they are on pasture.
What should the coverage amount of my horse liability insurance be?
Experts recommend a coverage sum of at least ten million euros. Personal injuries, in particular, can quickly result in costs running into millions. A high coverage sum protects you from financial ruin.
