Horse owners in liability trap: court judges the compensation!

Horse owners in liability trap: court judges the compensation!

The attitude of animals, especially horses, is a hotly discussed topic! In Germany there are strict legal framework conditions, which are particularly important in group keeping. A sensational case of the Freising District Court, file number C 7 682/14, puts the liability of animal owners to the test - and shows how quickly a harmless willow can become a serious legal dilemma!

Two owners were involved in an incident in which one of the three horses was seriously injured. The owner of the injured animal called for the full compensation from the other two holders. But the court decided that the applicant also had to bear part of the responsibility for her own horse. Instead of the 100 % requested, it only received 50 % compensation. The verdict was based on the fact that she too could not ignore the “animal risk” of her own animal.

legal situation and liability

According to § 833 BGB, pet owners are liable for damage that their animals cause. Interesting dynamics come into play here: If it is unclear which animal is responsible for the damage, all owners can be involved. This is done to facilitate the burden of proof for the injured party. In the present case, the ambiguity of which horse had caused the injury led to a liability of all the owners involved. The court made it clear that each owner can be held responsible, even if his animal did not cause direct damage.

This decision sets a strong signal: animal owners must be aware of their own liability and should urgently consider taking out liability insurance. Such policies are not only recommended, they are crucial in order not to get into financial difficulties in the event of damage. The complexity of animal keeper liability requires well -founded legal advice, especially in the group posture of animals, to minimize risks.