Anyone who works professionally with horses — teaching lessons, boarding, training, or hiring out horses — faces a risk a hobby owner doesn't: if a horse injures a client or an outsider, there's a good chance the claim will land on your business. This overview explains, in broad strokes, how that liability works under Dutch law, when you as a commercial keeper are first in line, and what you can arrange in advance. For a specific case, a lawyer and your insurer are the right source.
Strict Liability: The Starting Point
For damage caused by animals, Dutch law recognizes a form of strict liability (risicoaansprakelijkheid). The core rule sits in the Burgerlijk Wetboek (the Dutch Civil Code), Article 6:179: whoever owns an animal is, in principle, liable for the damage the animal causes through its own, unpredictable behavior — even if the owner personally did nothing wrong. The injured party doesn't have to prove that anyone acted carelessly; the animal's own behavior (its "own energy," as the law calls it) is enough.
That's a stricter regime than ordinary liability, where the injured party has to prove fault. If a horse spooks, kicks out, or throws a rider, the starting point is with the owner. This is no guarantee that a claim always gets paid — there are exceptions, and the court weighs the circumstances — but it determines who's first in the picture.
The Commercial Keeper: Article 6:181
Here's where it matters for a professional. If someone keeps the animal in the course of running a business, liability shifts from the owner to that commercial keeper. That's set out in Article 6:181 of the Civil Code (BW). A riding school that uses lesson horses, a boarding stable or a training yard that has clients' horses in its care: it's not the horse's owner but the business that uses or manages it that, in principle, then carries the strict liability.
In practice, this means:
- A boarded horse kept at your yard that causes damage can affect your liability, even though the horse is owned by the client.
- A lesson horse that throws or injures a rider falls under you as the party using the horse commercially.
- A horse in training that injures a staff member or a third party likewise quickly ends up with the commercial keeper.
Whether Article 6:181 applies in a specific case depends on the facts: who had the horse in their care, for what purpose, and in whose interest. The line between "hobby" and "commercial" isn't always sharp, and that's exactly where disputes end up in court. Have your position reviewed by a lawyer, and make sure your insurance matches what you actually do.
Client Injury: When Are You Liable?
The scenario that accidents usually come down to is a rider who falls and gets hurt during a lesson or a hired ride. Two things play out at the same time.
On one hand, strict liability for the horse (via Articles 6:179/6:181) can rest with you. On the other hand, the doctrine of acceptance of inherent risk applies: anyone who rides or voluntarily works with horses accepts part of the risk that's inseparable from that activity. Falling comes with riding, and courts factor that in. Neither side automatically cancels out the other; the outcome depends on the circumstances.
Factors that can shift the balance:
| Factor | Effect on your position |
|---|---|
| Suitability of the horse for the rider | A horse too strong for a beginner counts against you |
| Instruction and supervision | Inadequate guidance or an unsafe lesson strengthens a claim |
| Condition of equipment and footing | A faulty saddle, bridle, or an unsafe arena counts against you |
| Warning about known traits | A horse known to buck or kick, which you fail to disclose |
| Rider's experience | Acceptance of inherent risk weighs more heavily for an experienced rider |
The common thread: strict liability for the animal is always there, but carelessness in how you run your business (the wrong horse, poor equipment, inadequate supervision) makes a claim stronger. Doing things well reduces the risk; it doesn't remove liability for the horse entirely.
Damage to Third Parties Off the Premises
Beyond clients there's the outside world. If a horse breaks out of your paddock and causes a collision, kicks a parked car, or injures a passer-by, you again end up with strict liability — and with a commercial keeper, that means the business. Sound fencing, safe gates, and good habits on the premises reduce the chance, but they don't shift the liability. For how liability generally works in cases of horses escaping and damage to third parties, see the guide liability for your horse.
Contracts and Disclaimers: What They Do and Don't Do
Many businesses work with boarding agreements, lesson terms, or a sign reading "enter at your own risk." These arrangements are useful, but their effect is limited.
- A disclaimer or sign can underline acceptance of inherent risk, but doesn't simply rule out strict liability.
- Standard terms and conditions that limit or exclude liability can be deemed unreasonably onerous toward consumers and declared invalid. An overly broad exemption clause doesn't always hold up in court.
- Intent or deliberate recklessness can never be excluded.
- Good contracts mostly settle the surrounding issues: who insures the boarded horse, who is responsible for what, and how you handle damage.
The value of good agreements, then, lies less in contracting liability away and more in clarity beforehand and evidence afterward. Have your terms drafted or checked by a lawyer familiar with the equestrian sector; model contracts from a trade association are a good starting point.
Insurance as the Final Piece
Because you can't eliminate most of that liability, you need to be able to carry it. That's what a commercial liability insurance policy (AVB, aansprakelijkheidsverzekering bedrijven) is for — one that explicitly lists teaching, boarding, training and hiring out as insured activities, and that includes client injury and custodial cover for boarded horses. Injury claims can run into the hundreds of thousands of euros, so the insured amount needs to be calculated accordingly. The details are in the guide insurance for a horse business.
Note the difference from a personal policy: ordinary personal liability insurance (AVP, aansprakelijkheidsverzekering particulieren) typically doesn't cover commercial activities. A claim you thought was covered can then turn out to be uninsured — exactly the kind of surprise that can sink a business.
In Practice: How to Limit the Risk
- Check your position. Work with a lawyer to establish whether and when Article 6:181 applies to your activities, so you know where you stand.
- Match your insurance to your activities. Make sure all your activities (lessons, boarding, training, hiring out) and client injury are covered in the AVB policy, with a generous insured amount.
- Work with sound contracts. Boarding agreements and lesson terms that make clear who's responsible for what, and who insures what.
- Run your business carefully. A horse matched to the rider, sound equipment, safe footing and fencing, and appropriate supervision during lessons.
- Document incidents. Photos, witnesses, time and place; don't admit liability on the spot and refer people to your insurer.
- Report promptly and bring in legal help early if a dispute arises.
Liability law is fact-driven and case-by-case, and the precise outcome differs each time. Use this overview to ask the right questions, and have your situation assessed by a specialized lawyer and your insurer before an accident happens.
See also: Insurance for a riding school or horse business · Liability insurance for your horse · Liability for your horse · Starting a stable business: structure and legal basics · Glossary for this level