Riding partnership at your own risk: minimising risks, maximising legal certainty
13.06.25
5
Minutes
Katrin Straub
Managing Director at nextsure
A fall from a horse can happen quickly, but who is liable then? Many riding-partnership agreements contain clauses stating that you ride at your own risk, but are these always valid? Find out how you can protect yourself legally as a horse owner or riding partner.
The topic in brief and concise terms
General liability exclusions “at your own risk” in horse-share agreements are often invalid in the event of personal injury, especially if they are deemed standard terms and conditions (§ 309 No. 7 BGB).
As a general rule, the horse owner is liable under Section 833 BGB for damage caused by their horse; horse owner liability insurance is therefore essential.
A detailed written horse-riding share agreement and comprehensive insurance cover for both parties (horse owner’s liability insurance, personal liability insurance and accident insurance for the riding share participant) are crucial for minimising risk.
Understanding the legal basis: liability for animal owners and contractual pitfalls
As a horse owner, you are subject to liability as a keeper of animals under Section 833 of the German Civil Code (BGB). This means that, in principle, you are liable for damage caused by your horse, even without any fault on your part. A riding share agreement is intended to regulate rights and obligations, but a blanket “use at your own risk” clause is often not worth the paper it is written on. The Saarbrücken Regional Court ordered a horse owner to pay damages of more than three thousand six hundred euros despite such a liability disclaimer.
Many contracts from the internet contain invalid clauses. A general exclusion of liability for personal injury in standard terms and conditions (GTCs), which often also include pre-formulated riding share agreements, breaches Section 309 No. 7 BGB. This applies in particular where negligent conduct by the horse owner or their agents causes damage. A horse owner’s liability insurance is therefore essential.
Owner liability applies where a specific animal risk materialises, for example if the horse shies or bolts. Careful drafting of the contract is therefore the first step towards minimising risk for both parties.
Case study: When the liability disclaimer fails in court
In the case mentioned earlier before the Regional Court of Saarbrücken, an experienced rider fell when the horse was startled and bolted. The riding-share agreement contained a comprehensive exclusion of liability. The court classified this clause as a standard term and found it invalid. The reason: excluding liability for personal injury in cases of negligence breaches section 309 no. 7 lit. a BGB, and for other damage in cases of gross negligence section 309 no. 7 lit. b BGB.
The horse owner had to pay around four thousand euros in damages to the rider's health insurer. The court also found no contributory negligence on the part of the rider and rejected the argument that she had assumed the risk, as she had not knowingly exposed herself to any danger beyond the normal level. This case underlines that even the rider-share participant's private liability insurance does not exclude the owner's liability.
Such rulings show that the courts examine very carefully whether an exclusion of liability is effective. A blanket waiver of claims is rarely sustainable when health is at stake. Keeping up to date with recent rulings is important when drafting contracts.
Contract drafting: These points must not be omitted
A good riding-share agreement creates clarity and prevents misunderstandings. It should regulate more than just the cost contribution of, for example, one hundred euros per month. The following aspects are key:
The names and addresses of both contracting parties.
Precise identification of the horse (name, life number).
Scope of usage rights (days, times, riding styles, participation in lessons or competitions).
Obligations of the riding-share participant (mucking out, feeding, care).
Arrangements regarding cost sharing (stable rent, feed, farrier, vet).
Notice periods (for example, fourteen days to the end of the month).
Arrangements regarding insurance cover for both parties.
Conduct in an emergency (choice of vet, duty to inform).
Our expert tip: Make sure that the riding-share participant has their own accident insurance and private liability insurance. The horse owner, in turn, should name their equine liability insurance in the contract and register the riding-share participant there as a non-owner rider or co-insured party. A clear rule on responsibility for damage to the horse itself is also important.
A written contract is always better than verbal agreements, especially when responsibilities are involved. This protects both the horse owner and the riding-share participant equally.
Insurance cover: Who needs what?
The right insurance cover is essential for both sides of a riding lease. For the horse owner, horse owner liability insurance is an absolute must. It covers damage caused by the horse to third parties, with cover ideally of at least five million euros. A liability insurance policy is fundamental.
The riding lease should check whether their personal liability insurance covers riding other people's horses. Often, additional cover is required here to cover, for example, damage to the riding horse itself or when taking part in competitions. Personal accident insurance is also highly recommended for the riding lease, as the horse owner's liability insurance does not cover the leaseholder's own damage if they are co-insured.
In addition, the following insurance policies may be useful:
Horse surgery insurance: Covers the horse's surgery costs.
Horse health insurance: Covers additional veterinary costs.
Rider accident insurance: Specifically for accidents while riding.
Horse owner legal expenses insurance: Helps with legal disputes.
Our expert tip: Before signing the contract, clarify exactly which insurance covers which damages and whether the riding lease must be registered by name in the horse owner's liability insurance. This can be decisive in the event of a claim. A legal expenses insurance policy can help if anything is unclear.
A careful review of the insurance terms and conditions prevents unpleasant surprises and financial burdens in an emergency.
Expert depth: The pitfalls of the disclaimer ‘at your own risk’
The wording “riding at one’s own risk” suggests a comprehensive waiver of liability for the riding partnership. Legally, however, this must be viewed in a much more differentiated way. A complete exclusion of liability is only possible within narrow limits. This would be the case if the riding partnership knowingly exposes itself to a special risk that goes beyond the normal risk of riding, for example when riding a horse that is known to be difficult or not yet broken in.
Mere awareness of the general dangers of equestrian sport is not sufficient for an effective exclusion of liability on the basis of acting at one’s own risk. Courts interpret Section 309 no. 7 of the German Civil Code strictly when it comes to pre-formulated contractual clauses. An exclusion of liability that also covers the horse owner’s slight negligence in cases of personal injury is invalid in standard terms and conditions. Even if an exclusion of liability in the internal relationship between the horse owner and the riding partnership could apply in part, claims by third parties (e.g. the riding partnership’s health insurer) are often unaffected.
Another aspect is the role of the riding partnership as a possible keeper of the animal within the meaning of Section 834 of the German Civil Code. Here, a presumption of fault could operate against the riding partnership, although it can rebut this. The precise design of the duties in the riding partnership agreement plays a role here. Occupational disability insurance can be essential for riders if something does happen.
The complexity of the legal situation makes it clear that standard contracts are often not sufficient. Individual advice can help to draft an agreement that does justice to the interests of both parties and is legally sound.
Recommendations for horse owners and riding sharers
To minimise the risks of a riding share, both parties should take active steps. Horse owners should not blindly rely on clauses such as „at their own risk“. Careful selection of the riding share, clear instruction in how to handle the horse, and checking the condition of the equipment are important preventive measures. In addition, reviewing and adjusting your own insurance cover, in particular the horse owner’s liability insurance, is essential.
Riders in the share should in turn not hesitate to examine the contract carefully and ask questions. Proof of their own personal liability and accident insurance that covers the riding risk should be a given. Find out about the horse’s particular characteristics and do not overestimate your riding abilities. Open communication about expectations and any concerns is worth its weight in gold.
The following checklist helps both sides:
Is there a written, detailed contract? (minimum three pages)
Are all rights of use and obligations clearly regulated? (minimum five points)
Is the cost contribution fair and transparent? (e.g. one hundred euros per month)
Are the liability issues and insurance cover clearly clarified? (minimum two insurances per party)
Has the riding share been reported under the horse owner’s liability insurance? (within seven days)
Does the riding share hold current personal liability and accident insurance? (proof every twelve months)
Our expert tip: Document all agreements in writing and keep copies of the insurance policies. This can be decisive in the event of a dispute. If you are unsure about the contract structure or the scope of cover, expert advice such as that offered by nextsure is worthwhile.
A well-regulated riding partnership is based on trust and clear agreements, which ideally never have to be put to the test.
Request an individual risk analysis now: Have your insurance situation reviewed free of charge and receive specific optimisation suggestions.
More useful links
Wikipedia offers a comprehensive overview of animal keeper liability in Germany.
The Verbraucherzentrale provides information on liability insurance for pets.
FAQ
How detailed does a horse share agreement need to be?
An equestrian lease agreement should be very detailed. It should include at least the names of the parties, the horse’s details, usage times and scope, contribution to costs (e.g. one hundred and fifty euros), duties (mucking out, feeding), arrangements for veterinary and farrier costs, notice periods for termination (e.g. four weeks), as well as clear agreements on liability and the required insurance cover (horse owner’s liability insurance, personal liability insurance and accident insurance for the rider/share holder).
What does “acting at your own risk” really mean in the context of a riding partnership?
“Acting at one’s own risk” means that the riding participant knowingly accepts a risk that goes beyond the normal dangers of equestrian sports. This is only the case in rare exceptional circumstances, e.g. when riding a horse known to be dangerous. General clauses to this effect are often unenforceable.
What role does Section 309 No. 7 of the German Civil Code (BGB) play in riding-sharing agreements?
§ 309 No. 7 BGB prohibits, in general terms and conditions (which often also include standard riding-partnership agreements), the exclusion or limitation of liability for damage arising from injury to life, body or health caused by a negligent breach of duty by the user (horse owner). Many blanket exclusions of liability are therefore invalid.
Does the riding share need to be named in the horse owner's liability insurance?
Yes, it is strongly recommended to notify the horse-sharing arrangement by name in the horse owner’s liability insurance. Many insurers require this so that cover for third-party riders applies. Clarify the exact conditions with your insurer.
What if the riding partner is a minor?
If the riding sharer is a minor (under eighteen years of age), the legal guardians must sign the riding share agreement and any liability declarations. They may also be held liable for damages as guarantors.
Does my personal liability insurance cover damage I cause as a horse sharer?
Not necessarily in full. Many private liability insurance policies do cover damage you cause to third parties while riding other people’s horses, but often not damage to the horse itself. There are special add-on policies for this, such as “riding other people’s horses”. Check your policy carefully.
