Liability for damages to boarded horses due to structural defects in open stables
The Koblenz Regional Court has recently addressed essential questions regarding the liability of operators of open stables for injuries to boarded horses due to inadequate stable constructions (Case No.: 4 O 305/22). The legal assessment of such cases primarily focuses on the extent to which stable operators are liable for damages caused by structural deficiencies in their facilities.
Facts: Injury of a boarded horse
In the underlying case, the horse of a boarder sustained a significant injury after it hurt itself on a structure in the area of the open stable that was not sufficiently secured. The animal suffered a wound in the area of the fetlock joint after getting caught in a gap between the fence and the stable floor construction. The owner of the injured horse subsequently claimed compensation from the stable operator.
Standard of responsibility and traffic safety obligations
The court examined whether the operator of the open stable could be charged with violating the traffic safety obligation. This obligation requires stable operators to identify and eliminate hazards as much as possible to prevent harm to the life, health, or property of others. The objective standard is decisive: whatever safety precautions a reasonable, prudent operator would take must be undertaken.
In the present case, the court focused on the fact that the open stable had a gap in the area of a stable wall that was large enough for a horse’s leg to slip through. This structural execution was assessed as a significant risk for the animals housed in the stable.
Attribution and contributory negligence
The assessment of liability always involves determining whether the damaging incident can be causally attributed to a breach of duty by the operator. The court affirmed this, as the criticized structural construction did not meet the required safety standard. A release from liability due to contributory negligence by the animal owner or an unforeseeable behavior of the animal was rejected due to lack of supporting evidence.
Outlook: Relevance for stable operators and animal owners
The judgment of the LG Koblenz underscores the importance of comprehensive safety measures in stable facilities to prevent damages to animals and property. Operators of open stables are required to regularly inspect and adequately secure existing hazard sources to avoid compensation claims. For animal owners and stable operators, this results in a high significance of solid contractual agreements, particularly regarding liability exclusions and duty distribution.
If uncertainties arise in contract design or questions about the distribution of liability, it is advisable to seek qualified assistance. You can receive individual support in contract law as part of a professionalcontract law legal advice from MTR Legal.
