Responsibility in the case of yielding a horse for classes

February 11 , 2021 // Specialty

Published in Ecuestre

I want to know what the legal implications are, both for me as the owner and for an equestrian center if it uses my horse to teach. The intention is to establish a written agreement between the teacher / owner of the center, which includes that I do not assume any responsibility in the event of an accident, both damage to the rider and to third parties. The horse has a civil liability policy, contracted by me. ANSWER FROM THE EXPERT: The transfer of a horse free of charge for riding lessons must be classified as a loan for use or bailment regulated mainly by what is agreed between the parties and in a supplementary manner by the provisions of articles 1,741 and following of the civil code. If the owner obtains any economic benefit as a consideration for the assignment, we would be in a horse rental or rental contract. In both cases, it is always advisable to draw up a written contract in which all the conditions are broadly included or anticipated in the event of possible situations that may arise. In the event of an accident of the rider, there would be no civil liability of the owner of the horse, since in accordance with the provisions of article 1902 of the civil code, for the birth of an action of extra-contractual liability, it is necessary that there is fault or negligence by action or omission of a third party. In this case, the owner cannot be considered a third party responsible for the rider's injuries, since at that time, it is the rider who is using the horse and therefore who must assume the risks inherent in riding. On the contrary, if the accident occurs as a result of some fact attributable to another agent other than the owner of the horse (fall from a branch, ground in poor condition, lack of security measures etc ...), the rider may claim damages and Damages caused by the accident to the equestrian center or to the third person considered responsible for the accident. In the event that a horse causes any kind of harm to another person other than its own rider (scaring another animal, by a kick, a bite, a blow, running away, etc.), by virtue of the provisions of article 1905 of the civil code would produce the birth of the civil liability of its owner, who may be sentenced to the payment of financial compensation, which would be covered by the insurer, in case of having a civil liability insurance policy.


Responsabilidad en el caso de ceder un caballo para clases

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