Court judgment: owner is liable for treatment costs after riding anfall
Court judgment: owner is liable for treatment costs after riding anfall
Ownership liability for riding accidents: Court strengthens consumer protection
A current judgment of the Saarbrücken district court has far -reaching consequences for riding participations and the liability of the horse owners in such cases. In a specific case, an experienced rider fell from her horse during an outline in the forest and injured herself. The rider's health insurance then claimed the treatment costs of around EUR 4,000 from the owner of the horse.
decision of the court
The Saarbrücken district court ruled that the owner of the horse must be liable for the rider's treatment costs. The specific animal risk was realized by the unexpected fright and storms of the horse, which gave liability in accordance with Section 833 sentence 1 BGB. In addition, the court did not see the rider's fault because she could not react appropriately to the behavior of the horse.
The decision of the court regarding a liability clause in the riding participation contract is also interesting. This clause, which should exclude the owner's liability, was classified as ineffective. According to § 305 BGB, a limitation of liability in the event of grossly negligent breach of duty against consumer lawFAZIT
The judgment of the Saarbrücken Regional Court strengthens consumer protection in cases of riding accidents and illustrates the liability responsibility of the horse owners. It also shows that liability clauses can be legally checked in contracts and that consumer rights may not be avoided.
- Nag
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