Horse escaped from paddock: who is liable for the damage?
22.09.2025
11
Minutes
Katrin Straub
Managing Director at nextsure
A call in the middle of the night: your horse has broken out of the paddock and caused a serious traffic accident. This nightmare scenario raises a crucial question: who is liable for the damage, which often runs into tens of thousands of euros?
The topic in brief and concise terms
As a horse owner, you are generally liable under Section 833 of the German Civil Code (BGB) for all damage caused by your animal, regardless of fault (strict liability).
A secure fence of the correct height (at least 0.75 x shoulder height) and with sufficient voltage (at least 2,500 volts) is your most important preventive measure.
A horse owner’s liability insurance with a cover limit of at least €15 million is essential to protect yourself against financially ruinous claims for damages.
The legal basis: Why, as an animal owner, you are almost always liable
The key answer to the question of who is liable when a horse breaks out of the paddock is found in the German Civil Code (BGB). Section 833, sentence one establishes the so-called strict liability for animal keepers. This means that you are liable for damage caused by your horse, regardless of any fault on your part. If your escaped horse causes a road traffic accident resulting in property damage of, for example, €25,000, you are liable solely by virtue of being its keeper. The unpredictable animal hazard posed by a 500-kilogram flight animal is the legal basis for this. Appropriate horse liability insurance is therefore not an option, but a financial necessity. This strict rule underlines the enormous responsibility you bear as a horse owner.
The crucial factor: requirements for an escape-proof paddock
In the event of a claim, courts examine very carefully whether the paddock fencing was „escape-proof“. The „Guidelines for assessing horse keeping“ provide clear recommendations here. The fence height should be at least 0.75 times the height at the withers of the largest horse, which for a 1.70-metre horse corresponds to a fence height of around 1.30 metres. A court ruling made it clear that a post spacing of more than five metres can be considered negligent. Materials that are contrary to animal welfare, such as barbed wire or knotted mesh, are prohibited, as they pose a high risk of injury. Regular inspection of the fence for damage, ideally twice a day, is a basic duty of care for every horse owner. The right horse owner liability insurance checks these aspects in detail. The fence's stability and visibility are therefore your first line of defence against liability claims.
Practical cases and liability shares: When third parties share responsibility
Although strict liability applies, there are situations in which liability can be reduced. For example, if a passer-by can be shown to have left the paddock gate open, they may bear significant contributory negligence. The injured party may also have contributed to the damage themselves. If a driver travels at 100 kilometres per hour in a 70 zone and collides with your horse after it has escaped, they may be found 30 per cent or more at fault. This reduces your liability for compensation accordingly, but rarely removes it entirely. In such a case, your liability insurance would settle the claim and defend against third-party claims on your behalf. The exact sum insured by your policy is crucial to your protection here. These examples show how important a detailed analysis of the circumstances of the accident is.
Expert knowledge: The fine difference between luxury and livestock
The law distinguishes in Section 833, second sentence, of the German Civil Code (BGB) between “luxury animals” and “utility animals”. A utility animal serves commercial purposes, for example a breeding horse belonging to a commercial breeder. For these animals, the keeper can be exempted from liability if they prove that they have fulfilled all due diligence obligations. However, your privately kept riding horse is almost without exception regarded as a “luxury animal”. As the keeper of a luxury animal, there is no possibility of proving exoneration; strict liability for risk always applies.
Our expert tip: Nevertheless, keep a record of your daily fence inspections. While this will not relieve you of basic liability, it can be important for your insurer and when clarifying breaches of duty by the stable operator (animal keeper). This is particularly relevant in the case of damage to agricultural land, so-called field damage. You can find more on this in our article about field damage in agriculture.
The financial consequences: A realistic assessment of damages
The costs that an escaped horse can cause are enormous and are often underestimated. A damaged golf green can quickly cost €15,000, a ruined maize field €7,500. It gets really expensive when there is personal injury: if your horse causes an accident in which a person is seriously injured, claims for medical expenses, loss of earnings and compensation for pain and suffering can quickly exceed one million euros. Without comprehensive horse insurance, such an incident would mean financial ruin for the owner. These figures show why a cover sum of less than ten million euros is now regarded as no longer sufficient.
Risk minimisation: Your checklist for proactive security
To minimise the risk of an escape and the associated liability, you should proceed systematically. The following four measures are essential:
Adjust fence height and material: The top edge of the fence should correspond to at least 0.75 times the withers height, which is around 1.30 metres for a normal-sized horse. Use highly visible material such as wide electric-fence tape with at least two to three strands.
Ensure electric fence voltage: The containment voltage must be at least 2,500 volts at every point along the fence. For horses with thick winter coats, 4,000 volts are even recommended to guarantee the full effect.
Carry out regular checks: Inspect the entire fence at least once, preferably twice a day, for damage, securely seated posts and vegetation that could reduce the voltage.
Check insurance cover: Make sure your horse owner liability insurance has cover of at least 15 million euros for personal injury and property damage. A thorough comparison of horse liability tariffs is essential here.
Request an individual risk analysis now: Have your insurance situation checked free of charge and receive specific recommendations for improvement.
More useful links
Acts on the Internet: On the official platform of the Federal Ministry of Justice, you will find the full text of Section 833 of the German Civil Code (BGB), which governs liability of animal keepers.
Legal Tribune Online (LTO): Legal Tribune Online (LTO) provides a detailed report on a ruling by the Lübeck Regional Court on liability of animal keepers in relation to horses, including relevant aspects of damages and apportionment of liability.
Haufe: Haufe, a leading provider of specialist information, sheds light on the investigation of the facts in the context of liability of animal keepers under Section 833 of the German Civil Code (BGB) and offers deeper insight into legal practice.
Acts on the Internet: Here you will find the legal text of Section 90a of the German Civil Code (BGB) on the official website of the Federal Ministry of Justice, which addresses the legal classification of animals.
SWR: Südwestrundfunk (SWR) provides comprehensive information on liability for animals that can result from damage, accidents or noise pollution, and also highlights other relevant aspects.
FAQ
Who is liable if a stranger leaves the gate open?
In this case, primary liability lies with the person responsible, that is, the person who left the gate open. However, as this person often cannot be identified or is not financially able to pay, you as the animal owner are still held liable under strict liability. Your insurer settles the damage and attempts to recover the costs from the person responsible.
Does liability also apply to a riding share?
Yes, the keeper’s strict liability also applies in relation to the riding sharer. If the riding sharer is injured by the horse without having made any mistake themselves, you are liable as the keeper. Good insurance also includes claims made by riding sharers.
What level of cover is really necessary for horse liability insurance?
Given the steadily rising costs of personal injury claims, experts now recommend a cover amount of at least EUR 15 million, preferably EUR 50 million. Tariffs with lower sums no longer offer sufficient protection.
Is horse owners' liability insurance legally required?
No, in Germany there is no legal requirement to take out horse owner's liability insurance. However, given the high financial risk arising from strict liability under § 833 BGB, it is indispensable for every horse owner.
What is crop damage and is this covered by the insurance as well?
Damage to fields and crops is damage caused by a horse that has broken loose on third-party agricultural land (fields, meadows) or in gardens. Such damage is usually a standard component of any good horse owner's liability insurance.
My horse is very well-behaved. Do I still need insurance?
Yes, absolutely. Liability does not depend on the horse's behaviour or character, but on the unpredictable risk posed by animals. Even the calmest horse can be startled and react unpredictably in a panic. Insurance is therefore necessary regardless of the animal's temperament.
