Riding participation at your own risk: Minimise risks, maximise legal certainty
13 Jun 2025
8
Minutes
Katrin Straub
CEO at nextsure
A fall from a horse can happen quickly, but who is liable then? Many horse-sharing agreements contain clauses for riding at your own risk, but are these always valid? Find out how you can legally protect yourself as a horse owner or riding participant.
The topic in brief and concise terms
General liability disclaimers such as "at your own risk" in horse partnership agreements are often ineffective for personal injuries, especially if they are considered general terms and conditions (§ 309 No. 7 BGB).
The horse owner is generally liable under § 833 BGB for damages caused by their horse; therefore, equine liability insurance is essential.
A detailed written riding participation agreement and comprehensive insurance coverage for both parties (horse owner's liability, personal liability, and accident insurance for the riding participant) are crucial for risk minimisation.
Understanding the Legal Basis: Liability of Animal Owners and Contractual Traps
As a horse owner, you are subject to animal owner's liability under § 833 of the German Civil Code (BGB). This means that you are typically liable for any damage caused by your horse, even without personal fault. A riding participation contract is intended to define rights and obligations, but a general agreement "at your own risk" is often not worth the paper it is written on. The Saarbrücken Regional Court condemned a horse owner to pay damages amounting to over three thousand six hundred euros despite such a liability waiver.
Many contracts from the internet contain ineffective clauses. A general liability waiver for personal injuries in General Terms and Conditions (GTC), which often include pre-formulated riding participation contracts, violates § 309 No. 7 BGB. This is particularly applicable when negligent actions by the horse owner or their vicarious agents result in damage. Therefore, liability insurance for horse owners is essential.
Animal owner's liability applies when a specific danger posed by the animal materialises, for instance, if the horse shies or bolts. Careful contract design is thus the first step towards minimising risks for both parties.
Case study: When the disclaimer fails in court
In the aforementioned case before the Regional Court of Saarbrücken, an experienced rider fell when the horse was startled and bolted. The riding participation agreement included a comprehensive exclusion of liability. The court classified this clause as a general term and condition and declared it invalid. The reasoning: The exclusion of liability for personal injuries in cases of negligence contravenes § 309 No. 7 lit. a of the German Civil Code (BGB), and for other damages in cases of gross negligence, it contravenes § 309 No. 7 lit. b BGB.
The horse owner had to pay around four thousand euros in damages to the rider’s health insurance. The court also saw no contributory negligence from the rider and denied any acting at her own risk, as she had not exposed herself to any danger beyond the normal extent. This case underlines that even a private liability insurance for riding participation does not exclude the liability of the owner.
Such judgments show that courts are very precise in assessing whether a liability exclusion is effective. A general waiver of claims is rarely sustainable when it involves health issues. Knowledge of current rulings is important for contract design.
Contract Drafting: These Points Must Not Be Missing
A good horse-sharing contract provides clarity and prevents misunderstandings. It should regulate more than just the cost sharing, such as one hundred euros per month. The following aspects are central:
Names and addresses of both contracting parties.
Exact description of the horse (name, life number).
Scope of usage rights (days, times, riding styles, participation in lessons or competitions).
Duties of the horse sharer (cleaning, feeding, care).
Provisions for cost sharing (stable rent, feed, farrier, veterinarian).
Notice periods (for instance, fourteen days to the end of the month).
Arrangements regarding insurance coverage for both parties.
Behaviour in an emergency (choice of veterinarian, information obligations).
Our expert tip: Make sure that the horse sharer must provide proof of their own accident insurance and personal liability insurance. The horse owner, on the other hand, should list their equine liability insurance in the contract and register the horse sharer as an outsider rider or co-insured. A clear arrangement regarding responsibility for damage to the horse itself is also important.
A written contract is always better than verbal agreements, especially when it comes to responsibilities. This protects both the horse owner and the horse sharer equally.
Insurance coverage: Who needs what?
The right insurance coverage is essential for both parties of a horse-sharing agreement. For the horse owner, horse owner liability insurance is an absolute must. It covers damages caused by the horse to third parties, ideally with coverage limits of at least five million euros. Liability insurance is fundamental.
The riding partner should check whether their personal liability insurance covers riding other people's horses. Often, additional coverage is necessary to cover damages to the riding horse itself or participation in tournaments. A personal accident insurance policy is also highly recommended for the riding partner, as the horse owner's liability insurance does not cover personal injuries to the riding partner if they are considered a co-insured.
Additionally, the following insurances may be useful:
Equine surgical insurance: Covers the cost of horse operations.
Equine health insurance: Covers additional veterinary costs.
Rider accident insurance: Specifically for riding accidents.
Equine legal protection insurance: Helps with legal disputes.
Our expert tip: Before signing the contract, clarify exactly which insurance covers which damages and whether the riding partner needs to be named in the horse owner liability insurance. This can be crucial in the event of a claim. Legal protection insurance can help with uncertainties.
Carefully reviewing the insurance conditions prevents unpleasant surprises and financial burdens in a serious situation.
Expert Depth: The Pitfalls of the Disclaimer 'At Your Own Risk'
The phrase "riding at your own risk" suggests a comprehensive waiver of liability for the riding participant. Legally, however, this must be viewed with nuance. A complete exclusion of liability is only possible under narrow conditions. This would be the case if the riding participant consciously exposes themselves to a special risk beyond the normal riding risks, for example, when riding a horse known to be difficult or not yet broken in.
Mere awareness of the general dangers of equestrian sports is not sufficient for an effective exclusion of liability through acting at one's own risk. Courts interpret § 309 No. 7 BGB strictly when it comes to pre-formulated contractual clauses. An exclusion of liability that covers even slight negligence by the horse owner involving personal injuries is invalid in terms and conditions. Even if an exclusion of liability might partially apply within the internal relationship between the horse owner and the riding participant, claims from third parties (e.g., the riding participant's health insurance) often remain unaffected.
Another aspect is the role of the riding participant as a possible animal custodian under § 834 BGB. Here, a presumption of fault might work against the riding participant, but they can refute this. The exact specification of duties in the riding participation contract plays a role here. A disability insurance can be crucial for riders if something does happen.
The complexity of the legal situation makes it clear that standard contracts are often insufficient. Individual advice can help to create a contract that meets the interests of both parties and is legally sound.
Recommendations for Horse Owners and Riders
To minimise the risks of a riding share, both parties should take proactive steps. Horse owners should not blindly rely on clauses like "at your own risk." Carefully selecting the riding partner, providing clear instructions on handling the horse, and checking equipment condition are important preventive measures. Additionally, reviewing and adjusting your own insurance coverage, particularly the horse owner's liability insurance, is essential.
Riding partners themselves should not hesitate to thoroughly review the contract and ask questions. Proof of personal liability and accident insurance covering riding risks should be a given. Familiarise yourself with the horse's unique traits and do not overestimate your riding abilities. Open communication about expectations and potential concerns is invaluable.
The following checklist helps both sides:
Is there a written, detailed contract? (at least three pages)
Are all usage rights and responsibilities clearly defined? (at least five points)
Is the cost sharing fair and transparent? (e.g. one hundred euros per month)
Are liability issues and insurance coverage clearly resolved? (at least two insurances per party)
Has the riding partner been reported to the horse owner's liability insurance? (within seven days)
Does the riding partner have current personal liability and accident insurance? (proof every twelve months)
Our expert tip: Document all agreements in writing and keep copies of insurance policies. This can be crucial in the event of a dispute. If unsure about contract terms or insurance coverage, expert advice like that offered by nextsure is advisable.
A well-regulated riding share is based on trust and clear agreements, ideally never needing to be tested.
Request an individual risk analysis now: Have your insurance situation checked free of charge and receive concrete optimisation suggestions.
More useful links
Wikipedia offers a comprehensive overview of pet owner liability in Germany.
The Verbraucherzentrale provides information on liability insurance for pets.
FAQ
How detailed does a horse-sharing agreement need to be?
A horse-sharing contract should be very detailed. It should include at least the names of the parties, details of the horse, usage times and extent, cost-sharing (e.g. one hundred and fifty euros), responsibilities (mucking out, feeding), regulations on veterinary and farrier costs, cancellation periods (e.g. four weeks), as well as clear agreements on liability and necessary insurance coverage (horse owner's liability, personal liability, and accident insurance for the horse-sharing arrangement).
What does "acting at your own risk" really mean in the context of a riding partnership?
"Acting at your own risk" means that the riding partner knowingly takes on a risk that goes beyond the usual dangers of horse riding. This is only applicable in rare exceptional cases, such as riding a notoriously dangerous horse. General clauses regarding this are often ineffective.
What role does § 309 No. 7 BGB play in horse-sharing agreements?
§ 309 No. 7 of the German Civil Code (BGB) prohibits the exclusion or limitation of liability for damages arising from injury to life, body, or health due to negligent breach of duty by the user (horse owner) in general terms and conditions (which often include standard loan agreements for horse riding). Therefore, many blanket liability exclusions are invalid.
Does the riding participation need to be mentioned in the horse owner's liability insurance?
Yes, it is highly recommended to report the riding participation by name in the horse owner liability insurance. Many insurers require this so that the protection for third-party riders applies. Clarify the exact conditions with your insurance provider.
What if the riding participation is underage?
If the riding partner is a minor (under eighteen years), the legal guardians must sign the riding participation contract and any liability declarations. They can also be held as guarantors for damages.
Does my private liability insurance cover damages that I cause as a riding participant?
Not necessarily comprehensive. Many private liability insurances do cover damage you cause to third parties when riding someone else's horse, but often not damage to the horse itself. For this, there are special supplementary insurances like "Riding Someone Else's Horse". Check your policy carefully.
