LIABILITY FOR ACCIDENTS DURING RIDING LESSONS AND HORSE TRAINING

Accidents occur in the context of equestrian sports not only during riding itself, but also during handling of the horse. Horses are flight animals and as such can show unexpected as well as unpredictable reactions such as shying, striking or bolting.

Riding accidents are regularly the subject of legal disputes. In the case of accidents during riding lessons and horse training, the question often arises of who is liable for the consequences of injuries. Depending on the constellation and the cause of the accident, different liability addressees can be considered as responsible parties:

• horse owner
• lessor of a horse
• self-employed riding trainer
• riding school

A contractual exemption from liability (exclusion of liability) for obligations to pay for damages caused by animals is basically possible, but (according to general rules) not permissible without restrictions. According to Austrian jurisdiction, the advance waiver by a release clause in the case of riding accidents is only effective in the case of risks that are usually associated with the practice of equestrian sports. However, such risks do not include, for example, the riding trainer’s breach of duty of care.

We will be pleased to advise you on all liability issues, such as possibilities of minimizing liability or asserting or defending claims in the event of accidents.

LIABILITY FOR ACCIDENTS AT EQUESTRIAN EVENTS

Equestrian sports involve a very high potential of injuries. Accidents at equestrian events are repeatedly the subject of legal proceedings. Not only the horses competing at a show, but also the riders, spectators, judges and other auxiliary people can be injured or cause damage at an equestrian event. The potential liability in each case can be based on various legal or contractual bases.

During the execution of equestrian events, sources of danger are created, which results in a number of obligations of the show organizer towards, for example, the following protected groups of persons:

• riders practicing the sport
• horse owners
• spectators

Riding accidents with tragic consequences for riders and/or horses at equestrian events are – despite further development of safety technologies – unfortunately not uncommon. In view of the considerable risk of accidents and the potentially serious economic consequences, it is therefore common for show organizers to try to limit or exclude their liability towards the athletes in advance, especially by means of general terms and conditions (GTC).

We will be pleased to advise you on the possibilities of liability limitations and exclusions as well as on the assertion or defense of claims.

LIABILITY OF THE VETERINARIAN

The owner of a horse is entitled to that treatment which is considered appropriate according to the state of scientific knowledge. A treatment malpractice exists if the treatment was not carried out according to these standards and thus not “lege artis”, the horse’s health is damaged and there is a causal connection between the treating veterinarian’s breach of duty and the damage that occurred. Likewise, if it was not medically indicated, avoidable complications occurred that would not have arisen if it had been properly performed, or an incorrect diagnosis was made.

In addition, the veterinarian (similar to human medicine) has a duty to provide information about treatment options, treatment alternatives, surgical methods and the risks of the respective treatment as well as the prospects of success.

Legal questions also arise in connection with the veterinary pre-purchase investigation. The veterinarian is not only obliged to carry out the investigation properly, but also has to inform his client about the result, in particular about the abnormalities of the horse (and to carry out or recommend further differentiating diagnostic investigations if indicated). The veterinarian commissioned with the pre-purchase investigation owes his client (as well as third parties covered by the protective effect of the contract) an error-free finding. Each pre-purchase investigation should be recorded accordingly (ideally by means of the standard form of the VÖP). If the veterinarian does not fulfill his duties, he could be exposed to claims for damages (e.g. if the horse was purchased due to the faulty findings).

For liability issues related to malpractice, information of the owner and veterinary pre-purchase investigations, please do not hesitate to contact us.

LIABILITY OF THE FARRIER

Incorrect shoeing, failure to indicate hoof damage and/or hoof disease, “nailing up” etc, could lead to farrier liability.

In such cases, the question arises whether and, if so, which costs the farrier has to bear (treatment costs of the veterinarian, depreciation of the horse, etc). Generally, costs that would have been incurred anyway, i.e. even without the farrier’s error, are not reimbursable. These include, for example, the costs of stabling the horse.

We will be pleased to advise you on liability issues in connection with the activities of farriers.