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If your horse is injured during horse transport to or from the Netherlands, the professional carrier is in principle liable. To rely on the special risks of carrying live animals, the carrier must prove it took all normally required measures and followed your instructions. Paid road transport across borders falls under the CMR Convention. As a Dutch lawyer at MAAK Advocaten in Amsterdam, I assess and pursue your transport claim.
If your horse comes off the lorry lame or cut, the order of steps counts: vet first, a written reservation to the carrier second, evidence third. For the wider legal framework, see our guide to Dutch equine law.
When is the carrier liable for injury to your horse?
The road carrier is liable for damage that occurs between taking over the horse and delivery. It escapes liability only if it proves one of the defences in the Convention. A defect in its own lorry or trailer is not a defence.
That is the rule in Article 17(1) CMR. The carrier is relieved of liability where the damage was caused by the wrongful act or neglect of the claimant, by the claimant’s instructions, by inherent vice of the goods, or through circumstances it could not avoid and whose consequences it could not prevent (Article 17(2)). The burden of proving this rests on the carrier (Article 18(1)). It cannot rely on the defective condition of the vehicle (Article 17(3)). The carrier is also responsible for its employees and for anyone whose services it uses, such as a subcontracted driver (Article 3).
Under Dutch law, animals are not things, but the rules on things apply to them, subject to limits set by statute and unwritten law (Article 3:2a Dutch Civil Code). That is why horses are carried under the rules for goods.
When does the CMR apply to horse transport?
The CMR applies to paid road carriage where the place of taking over and the place of delivery are in two different countries, at least one of them a contracting country. Residence and nationality do not matter.
This follows from Article 1(1) CMR. The Netherlands is a contracting country, so paid road transport of a horse from a Dutch stable to another country is covered. If the lorry crosses on a ferry and the horse stays on board, the Convention applies to the whole journey. If it is proved that damage was caused not by the road carrier but by an event that could only occur during and because of the crossing, the rules for sea carriage may apply instead (Article 2(1)). Any clause that departs from the Convention is null and void (Article 41(1)).
Can the carrier rely on the risks of carrying live animals?
Only if it proves that it took all steps normally incumbent on it and followed any special instructions given to it. Without that proof, the “carriage of livestock” defence fails and the carrier remains liable under Article 17(1), unless another defence applies.
The defence is in Article 17(4)(f) CMR; the condition is in Article 18(5) CMR. Your instructions therefore matter: water and rest stops, partition width, not next to a stallion. Put them in writing before departure. If the carrier also shows that the injury could have resulted from that risk, this is presumed, but you may prove otherwise (Article 18(2)). A loose partition can make the carrier’s proof difficult.
Beyond the CMR, the contract is governed, absent a choice of law, by the law of the carrier’s habitual residence if the place of receipt or delivery or the sender’s residence is also there, otherwise by the law of the agreed place of delivery (Article 5(1) Rome I). The consumer rule of Article 6 does not apply to contracts of carriage (Article 6(4)(b)).
How much compensation can you claim, and why does insurance matter?
Without a declared value, compensation is capped at 8.33 units of account (IMF Special Drawing Rights) per kilogram of gross weight. For a 600 kg sport horse that is 4,998 units of account, which can be far below its value.
| Point | CMR rule |
|---|---|
| Basis for damage | loss in value, calculated on the value at the place and time of taking over (Art. 25(1), 23(1)) |
| Cap | 8.33 units of account per kilogram of gross weight (Art. 23(3)); for damage, no more than for total loss (Art. 25(2)) |
| Currency | converted into the currency of the court’s country at the date of judgment or an agreed date (Art. 23(7)) |
| Higher cover | declared value or special interest in delivery entered in the consignment note, against a surcharge (Art. 24, 26) |
| No cap | wilful misconduct or equivalent default under the law of the court seised (Art. 29) |
In case of loss, carriage charges and other charges incurred in respect of the carriage are also refunded, but “no further damages shall be payable” (Article 23(4)). For a valuable horse, a declared value against a surcharge or your own horse transport insurance is therefore worth considering. If your insurer pays out under a policy governed by Dutch law, your claim against the carrier passes to the insurer to the extent of the payment (Article 7:962(1) Dutch Civil Code). For cover questions beyond transport, see liability and insurance in Dutch equine law.
Has your horse arrived injured and is the carrier pointing to “the risks of carrying animals”? Have your claim assessed before the deadlines expire by our equine lawyer in the Netherlands.
What deadlines apply to a horse transport claim?
Apparent damage must be reserved at delivery; damage that is not apparent within seven days, Sundays and public holidays excepted, in writing. A CMR claim is time-barred after one year, or three years in case of wilful misconduct or equivalent default.
If you take delivery without a timely reservation, that is prima facie evidence that you received the horse in the condition described in the consignment note (Article 30(1) CMR). For damage, the one-year period runs from the date of delivery (Article 32(1)(a)). A written claim suspends the period until the carrier rejects it in writing and returns the documents (Article 32(2)). A journey within the Netherlands falls under Book 8 of the Dutch Civil Code instead. The period is again one year (Article 8:1711 DCC). The cap is EUR 3.40 per kilogram (Decree under Article 1105 of Book 8 DCC, Article 1).
Where can you bring a claim against a Dutch carrier?
In an agreed court of a contracting country, or in the country where the defendant is ordinarily resident or has its principal place of business, or where the horse was taken over or was to be delivered.
That is the rule in Article 31(1) CMR. For a horse collected in the Netherlands by a Dutch carrier, the Dutch courts are therefore available. We act for clients before Dutch courts at first instance and on appeal.
I start with the deadlines and the carrier’s insurer, not with the courtroom. If the carrier and its insurer are Dutch, I negotiate with them in the Netherlands. Getting your horse treated and the costs covered is my first aim.
How do you prove that the horse was injured in transit?
You need to show that the horse was fit when loaded and injured on arrival. A vet’s report before and after the journey, photographs and the consignment note do most of that work. Then send a written claim.
- Have the horse examined on arrival and ask for a written report on the injury and its likely cause.
- Photograph the horse, the lorry or trailer, partitions and floor; note who was present.
- Send a written reservation and claim to the carrier and ask it to notify its insurer.
- Keep the consignment note, booking confirmation and your written instructions.
A recent pre-purchase vetting of the horse can help prove its condition at departure. Regulation (EC) No 1/2005 also describes what a careful carrier does: no one may transport animals in a way likely to cause injury or undue suffering, and they must be fit for the journey (Article 3).
Practical example: a warmblood shipped from Brabant to England
Suppose a rider from Kent buys a warmblood from a dealer in Brabant and books a Dutch horse transport company to take it by road and ferry to England. On arrival the gelding has a deep cut, and a partition bolt is missing.
The CMR applies to the whole journey, including the ferry crossing, because the horse stayed on the lorry (Articles 1(1) and 2(1)). The carrier relies on the livestock defence, but must prove it took all normally required measures (Article 18(5)), and a vehicle defect does not relieve it (Article 17(3)). The rider records the injury in writing at delivery. Without a declared value, compensation is capped at 8.33 units of account per kilogram (Articles 23(3) and 25). Unless wilful misconduct or equivalent default is proved (Article 29), she can recover the difference with the horse’s value only from her own transport insurance, if she has it. Whether the purchase itself is governed by Dutch law is a separate question, covered in buying a horse from the Netherlands: which law applies.
This is a hypothetical example for illustration only, not a real case.
How do we help you with a horse transport claim?
Our aim: your loss compensated, without you having to argue with the carrier and its insurer yourself.
- Establish the applicable regime, the cap and the deadlines, and secure the evidence.
- Hold the carrier and its insurer liable and negotiate.
- Litigate where necessary, before Dutch courts at first instance and on appeal.
On a transport claim I secure the deadlines first: has the reservation been made, and when does the claim become time-barred? Then I put the evidence to the carrier. A quick settlement with its insurer is my first choice.
If your horse was injured at a yard rather than on the road, read livery yard liability in the Netherlands.
Frequently asked questions about horse transport damage
Is the transport company always liable if my horse arrives injured?
In principle, yes, unless it proves a defence. To rely on the risks of carrying livestock, it must prove it took all normally required measures and followed your special instructions (Articles 17(4)(f) and 18(5) CMR).
What is the maximum compensation for a horse injured during transport?
Without a declared value, 8.33 units of account (Special Drawing Rights) per kilogram of gross weight (Article 23(3) CMR). The cap does not apply in case of wilful misconduct or equivalent default (Article 29).
Do I need horse transport insurance?
No rule in the CMR requires it, but the CMR cap is low for a valuable horse. Alternatives are a declared value or special interest in the consignment note, against a surcharge agreed with the carrier (Articles 24 and 26 CMR).
How quickly must I notify the carrier of an injury?
Apparent damage at delivery; non-apparent damage in writing within seven days, Sundays and public holidays excepted (Article 30(1) CMR). The claim is in principle time-barred after one year (Article 32(1)).
Does the CMR apply if a friend transports my horse?
No. The CMR only applies to carriage for reward (Article 1(1) CMR). A claim against a friend then depends on the general liability rules of the applicable law.
Primary sources
- Convention on the Contract for the International Carriage of Goods by Road (CMR), Articles 1, 2, 3, 17, 18, 23, 24, 25, 26, 29, 30, 31, 32 and 41
- Regulation (EC) No 593/2008 (Rome I), Articles 5 and 6
- Regulation (EC) No 1/2005, Article 3
- Dutch Civil Code: Article 3:2a, 7:962, 8:1711
- Decree under Article 1105 of Book 8 of the Dutch Civil Code, Article 1
Has your horse been injured on its way to or from the Netherlands? Send me the details while the deadlines are still running: call +31 20 210 31 38 or get in touch via our equine lawyer in the Netherlands page. — Faranaz Ishak
