Personal injury caused by animal

Injured by a horse

Suppose you go to the riding school every week to ride horses. You have saddled the horse and are ready to go. The moment you want to mount the horse, the animal is startled by a stray pigeon and you fall to the ground in an ugly way. Can you then hold the riding school liable for the personal injury caused by the animal?

In most cases, the answer is yes. Even if the general terms and conditions of the riding centre state that your personal injury claim will not be compensated if you are injured while riding. This is, in fact, not legally valid. You will sometimes have to deal with a percentage of own fault, because you know that there is a risk that a horse might suddenly become frightened and therefore start rearing, kicking or galloping. Still, you will usually get most of your damages compensated. In these situations, the horse may not belong to the manager owner, but to a private owner. In that case, you can hold the private owner liable for your personal injury.

Are you bitten by or kicked by a mare, are you knocked over by a playful stallion or does a foal suddenly bolt into the road causing you to crash your car into a tree? Even then, you are entitled to compensation from the equestrian centre owner or the owner of the horse.

Do you have a child under 14 who takes riding lessons at the riding school and is injured during one of these lessons? If so, your child is almost always entitled to full compensation for damages incurred. Young children often cannot yet assess the danger of horse riding. Therefore, there is often no percentage of own fault here.

Injured by oak processionary caterpillar

Suppose you go on holiday in your own country for a fortnight. You have chosen a beautiful cottage on a holiday park in the middle of the forest. All over the park, there are large oak trees with benches on which you can sit to enjoy nature. Unfortunately, after a few days, you suddenly suffer from unbearable itching, red bumps and flu-like symptoms. When you check all that you have done, it turns out that there is an oak processionary caterpillar nest in one of the trees above your favourite bench. Can you then hold the park owner liable for the personal injury caused by these animals?

Again, in this type of situation, the short answer is yes. The park owner must actively control oak processionary caterpillar nests. Moreover, your personal injury could have been prevented if there was no bench under the tree or at least a warning sign had warned of the danger. It is important that you can prove this. Therefore, always take photos of the site of the accident so that you have evidence.

Have you suffered complaints due to the presence of oak processionary caterpillars in a forest or park near you? If so, you can claim compensation from the manager of the forest or park. This is usually the municipality. Again, it is important that you gather evidence to show that the manager has not fulfilled his duty of care: warning about oak processionary caterpillars.

Injured by another pet

Suppose your child goes to play at a neighbour’s house who has a pet rat, rabbit or hamster. Your child has played with the fluffy animal before and it went well. One day, things go wrong and he gets bitten in his finger. Can you then hold the neighbours liable for your child’s personal injury? Again, strict liability applies to the owner of the animal. So, in most cases, your neighbours have to compensate your child’s damage.