Injury caused by a horse

What happened: injury caused by a horse

A horse can cause serious injury in a split second. A kick from a hind leg, a bite, a fall from the saddle, or a horse suddenly startled and lashing out – the consequences are often severe. Think of bone fractures, bruises, concussions, back injuries, or even permanent disabilities. Because a horse possesses so much strength and weight, injuries are generally more severe than those sustained by smaller animals. Moreover, a fall from a horse occurs from a considerable height, meaning a concussion or spinal injury is also a real risk.

In addition to physical injury, many victims are also left with anxiety: fear of driving again, startle reactions, or nightmares. These symptoms count fully in a personal injury case. Do you want the bigger picture? Then also read our page about injury caused by an animal.

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Who is liable for injury caused by a horse?

The basic principle is set out in Article 6:179 of the Dutch Civil Code: the possessor of an animal is liable for the damage caused by the animal. This is strict liability: the owner is liable even without being at fault. The reasoning behind this is that a horse possesses its own unpredictable 'energy' which can escape control – and that the associated risk lies with the person keeping the horse. Therefore, you do not need to prove that the owner made a mistake; in principle, it is sufficient that the horse caused the damage.

For a private owner, damage is usually covered by their personal liability insurance (AVP). Therefore, you rarely hold someone personally liable in their wallet, but rather their insurer.

Riding school or riding lessons: Article 6:181 of the Dutch Civil Code

The situation changes as soon as a horse commercially . If you sustain an injury during a riding lesson, a trail ride organized by a riding school, or at a professional stable, Article 6:181 of the Dutch Civil Code: not the owner of the horse, but the business using the horse is liable. In principle, you then hold the riding school liable, not the private owner of the horse. The riding school has business liability insurance for this purpose. Strict liability remains in effect here as well: the business is liable in principle, even without demonstrable fault.

Co-owner? The Hammock Judgment

If the horse is owned jointly by both you and your partner, then, pursuant to the Supreme Court’s Hangmat ruling, a co-owner can also hold the other co-owner (and their liability insurance) liable. In principle, you can then still recover part of your damages. This is legally complex, but worth having assessed.

Accepting risk in horseback riding: how does that work?

In horseback riding, the defense of acceptance of risk and contributory negligence (Article 6:101 of the Dutch Civil Code) applies more frequently than with other animals. A riding school or insurer will sometimes argue that you consciously accepted the risk by mounting a horse, or that your behavior contributed to the accident.

Important to know: the mere fact that horseback riding involves risks does not that you forfeit your right to compensation. Case law applies the concept of risk acceptance with restraint. Moreover, the Supreme Court has repeatedly confirmed that the strict liability under Article 6:179 of the Dutch Civil Code also applies to riders and participants in a lesson. However, compensation may sometimes be partially reduced due to 'contributory negligence', depending on the circumstances. The protection afforded by the law therefore often remains largely intact – even if the insurer initially rejects the claim. Therefore, never simply agree to a rejection or reduction; have your situation assessed by an expert, for example via letselschade Berekenen.

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What damages and compensation for pain and suffering can you claim?

Injury caused by a horse is often serious, and the damage can amount to a considerable sum. We distinguish between material and immaterial damage.

Material damage is anything that can be expressed in monetary terms:

• Medical costs: deductible, hospital, surgeries, physiotherapy, rehabilitation;
• Loss of income if you are unable to work (for a long period);
• Travel expenses to doctor and hospital;
• Costs for domestic help and home adaptations;
• Damaged clothing and equipment.

Non-material damage is pain and suffering: compensation for the pain, grief, and impact on your life. In the case of permanent disabilities or long-term rehabilitation, this can be substantial. You can find a complete overview on our page about compensation.

Good to know: the costs of legal assistance are themselves also part of your damages. Pursuant to Article 6:96 of the Dutch Civil Code, the liable insurer pays the reasonable costs of legal assistance. Therefore, our assistance is free of charge as long as there is a liable opposing party.

Pain and suffering compensation for permanent injury

Compensation for pain and suffering is always a case-by-case matter; there is no fixed table. With equine injuries, we regularly see more severe consequences than with other animals: a complicated fracture that does not fully heal, permanent back problems, or a reduction in your freedom of movement. The more significant the impact on your work, hobbies, and daily life, the higher the compensation for pain and suffering typically is. The fear of riding again or approaching horses also counts. Because such consequences only become permanent over time, it is wise not to settle a claim too early. An experienced expert waits for the right moment and includes future costs, such as long-term physiotherapy or modifications, in the calculation.

What should you do after an accident involving a horse?

The steps taken immediately after the accident strengthen your case file. Follow this checklist:

• Seek medical help. Always have your injury assessed, even if the pain is mild – internal injuries are not always immediately noticeable.
• Note down the details of the owner of the horse or the riding school.
• Look for witnesses. Ask fellow course participants or bystanders for their contact details.
• Take photos of your injuries, the location, and the horse.
• Keep supporting documents and receipts for all expenses.
• Keep the lesson agreement or stable agreements – these may be relevant to liability.
• Do not wait too long. In principle, a personal injury claim expires after five years.

Were you unable to document everything? Don't worry – even with limited evidence, a strong case can often still be built.

Need an expert after injury caused by a horse?

Especially in cases of equine injury, it almost always pays to call in an expert. Riding schools and insurers often resort to defenses such as risk acceptance and contributory negligence. Without a counterweight, you run the risk that a legitimate claim will be rejected or that your damages will be underestimated.

A personal injury expert knows exactly how the courts deal with the acceptance of risk and ensures correct liability, full substantiation of all your claims for damages, and strong negotiations with the insurer. We also take into account damages that are not yet definitive, such as permanent disabilities or complaints that surface later.

And most importantly: because the liable insurer pays our costs pursuant to Article 6:96 of the Dutch Civil Code , our assistance is completely free of charge for you as long as there is a liable opposing party. Feel free to contact us for a no-obligation consultation.