Guide

Horse share liability: who pays for accidents and damage in Switzerland?

5 min read

Horses cause or suffer damage. A fall on a trail ride, a kick against a stable neighbour's car, an injury during bridling: for each of these situations Swiss law has a clear liability logic. This article shows the most important situations and how they are covered by insurance.

Animal-keeper liability under OR Art. 56

The basic rule in the Swiss Code of Obligations is unambiguous. Under OR Art. 56, the animal keeper is liable for damage caused by their animal, unless they can prove they applied all necessary care (exculpation).

  • Animal keeper is usually the owner of the horse, not the rider. She has the horse for her own use and responsibility.
  • Damage includes personal and property damage caused directly or indirectly by the horse.
  • Exculpation is hard to prove in practice. Most animal keepers therefore rely on an animal-keeper liability insurance.

On horsedeal.com exactly this logic is illustrated with several CH examples.

When the rider causes damage

The rider is not the animal keeper and therefore not liable under Art. 56. But if the rider causes damage through their own fault, a different logic applies.

  • Fault is present in case of gross negligence, ignoring explicit instructions or deliberate misconduct. Bad luck while riding is not fault.
  • The rider's own personal liability covers damage to third parties (for example if the horse injures someone under the rider).
  • Damage to the horse itself is usually not covered by a basic personal liability policy. For this you need the Swiss insurance module "riding other people's horses" (see the Mobiliar example and the insurance module guide).

When the rider is the one who gets hurt

Falls and accidents are not rare in equestrian sport. Three insurance sources work together.

  • Animal-keeper liability of the owner. If the horse contributes to the injury (bucking, spooking, kick), the animal-keeper liability applies. The owner's insurance pays the damage.
  • UVG accident insurance of the rider. In Switzerland, working people are mandatorily insured against accidents. This insurance covers treatment and rehabilitation costs, regardless of fault.
  • Private accident insurance. Supplementary for loss of earnings, treatment costs outside the basic insurance and invalidity benefits.

The rider should therefore make sure they are insured against accidents (UVG plus a supplement if applicable), independent of the horse share.

Damage to the horse itself

A special situation is damage to the horse caused by the rider. Examples: a tendon injury from overexertion, an injury during incorrect loading, lameness due to ignored warning signs.

  • Without fault: Horse accidents without a mistake by the rider are at the owner's expense (risk of horse keeping).
  • With fault of the rider: The rider's personal liability covers the damage ONLY with the module "riding other people's horses" (see the Mobiliar module explainer). Without this module the rider stands alone facing the damage, which can quickly run into several thousand francs.

For this reason it is standard to document the insurance status of both parties in writing before the start of the horse share (see contract guide clause 7).

Liability exclusion clauses: limits under OR Art. 100

Many contract templates contain a clause stating that the rider rides at their own risk. This clause has tight limits.

  • For slight negligence such clauses work. If both parties clearly and consciously accept the risk allocation in advance, a certain exclusion is possible.
  • For gross negligence or intent such clauses are void under OR Art. 100. Anyone who causes damage through grossly negligent breach of instructions cannot hide behind an "at your own risk" clause.
  • For animal-keeper liability the exclusion is even trickier. The animal keeper can only exclude her liability to a third party (the rider) in advance to a limited extent.

In practice this means: writing such clauses into the contract is fine, relying solely on them is risky.

What to do after an accident

An accident at the stable or while riding triggers immediate tasks.

  • First aid. Give first aid to the injured person and horse. Call the vet immediately for a horse injury, emergency physician or emergency call for serious personal injury.
  • Documentation. Photos of the scene, of the injury, of the horse. Note down witness names and contact details. Inform the stable manager.
  • Insurance notification. For property damage to third parties, notify the owner's animal-keeper liability. For injury to the rider, notify the rider's UVG.
  • Police report. In case of personal injury involving third parties or a traffic accident with the horse, the police must be involved.
  • Written note. Who did what when, recorded in writing. In a dispute this note is worth gold.

Frequently asked questions

Who is liable when the horse causes damage? Under OR Art. 56 the owner as animal keeper is in principle liable. She can only be relieved of liability if she proves all necessary care. In practice the animal-keeper liability insurance covers this.

What happens when the rider causes damage? If the rider is at fault their personal liability insurance comes into play. With the module "riding other people's horses", damage to the horse itself is usually also covered.

Who pays when the rider falls off the horse? The owner as animal keeper is in principle liable if the horse contributes to the injury. The rider's own accident insurance covers accidents additionally.

Can owner and rider exempt each other from liability by contract? Only to a limited extent. Under OR Art. 100 a liability exclusion for gross negligence or intent is void.

What happens with an accident involving third parties? Here several insurances apply depending on the cause: the animal-keeper liability, the rider's personal liability and possibly the insurance of the third party.

Sources and further reading

Document the insurance status per horse share

In HorseCompanion the insurance status of both parties can be recorded per horse share, with policy number and insurer. That way the owner sees immediately in an emergency which insurance applies. Get started for free

Updated: June 2026