Die Liability in animals is often highly controversial in court. Keeping horses and caring for them is usually very time-consuming. Often you can’t find the time yourself to deal with the many things that have to do with it Horse are needed, employ. Therefore, it is not uncommon for one or the other helper gives to support horse and owner. In the present case, a female rider stood in for the owners of a horse during pregnancy and then had an accident with the animal. That District Court (LG) Koblenz now had to decide whether the owner had to pay for it.
Helper should ride horse
In the present case, a pregnant owner of a three-year-old mare asked another rider to ride her horse occasionally. Due to her pregnancy, the keeper was no longer able to ride the horse herself. The rider promised her help. However, when the helper went for a ride with the horse, the horse caused trouble, causing the helper to be thrown off. She broke her arm in the process treatment costs amounted to almost 5,000 euros. This contribution demanded die Health insurance the fallen rider then by the horse’s keeper return.
Liability of the keeper?
Im Fall refused However, the keeper accepted the payment with the argument that she had not entrusted the horse to the rider, but to her daughter during pregnancy. Therefore the rider had herself independently endangered. She was still to blame for the riding accident herself, so she as the keeper too no compensation must afford.
In the present case, the LG Koblenz saw things differently. According to the judges, the keeper must pay for the rider’s treatment costs come up. After the interrogation, the judge came to the conclusion that the keeper known was that not only the daughter, but also the mother and the fallen rider would take care of the animal. The defendant woman is therefore liable as an animal owner §833 BGB for damage caused by your horse.
Has a typical animal danger materialized?
In the present case, the judge also considered it proven that the mare suddenly put her head between her legs and bucked several times before the rider fell off as a result. So that’s the accident too not self-inflicted been. In the present case it has rather one typical animal hazard realized. A typical animal hazard is only then Not to be accepted if the horse followed the will of the rider and a fall nevertheless occurs. However, that was not the case in this case.
Therefore, the keeper of a horse is liable for damage caused by her mare to another rider. You could not rely on the fact that the rider who had an accident was on her own responsibility.
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District Court (LG) KoblenzJudgment of May 25, 2022, Az. 3 O 134/19
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