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Negligence in the Dutch equestrian industry means that a yard, riding school, trainer, farrier or vet did not take the care that a reasonably competent professional would have taken. Most claims are contract claims: the professional must observe the care of a good service provider or custodian (Articles 7:401 and 7:602 DCC), and is liable for damage caused by a failure it can be blamed for.
This page is for owners whose horse was injured or fell ill in the care of a Dutch business, for riders injured at a Dutch yard or event, and for equine businesses facing such a claim. It explains which standard of care applies, how far an exclusion clause protects a yard and which damages can be claimed. Has your horse been injured at a Dutch yard or clinic? Have a Dutch equine lawyer assess liability before you agree to any settlement.
What counts as negligence in the equestrian industry under Dutch law?
A failure to perform a contract with the care that can be expected of a competent professional in that position. If the failure can be attributed to the professional, it must compensate the resulting damage (Article 6:74 DCC). Without a contract, a claim can be based on tort (Article 6:162 DCC).
Dutch law does not use a separate tort of negligence. The question is always which obligation the professional had, and whether it fell short. For trainers, instructors, farriers and vets, that is the duty to observe the care of a good service provider (Article 7:401 DCC). For a livery yard that keeps a horse, it is the care of a good custodian (Article 7:602 DCC). A business is also liable for the conduct of the staff and helpers it uses to perform the contract, such as grooms and riders (Article 6:76 DCC).
Which duty of care do yards, trainers, farriers and vets owe?
Each owes the care that a competent professional in the same field would take (Articles 7:401 and 7:602 DCC), measured against the contract and the circumstances. Courts look at what was agreed, at the risks the professional knew or should have known, and at the measures that would have prevented the damage.
| Professional | Contract type | Standard of care | Typical complaints |
|---|---|---|---|
| Livery or boarding yard | Safekeeping (bewaarneming) | Article 7:602 DCC; use only with consent or where needed to keep the horse in good condition (Article 7:603(1) DCC); return in the same state (Article 7:605(4) DCC) | Injuries from fencing or stabling, horses kicked in group turnout, colic not noticed, horse ridden without permission |
| Trainer or riding instructor | Contract for services (opdracht) | Article 7:401 DCC | Overtraining, unsuitable exercises, unsafe lesson set-up |
| Farrier | Contract for services | Article 7:401 DCC | Lameness after shoeing, nail bind |
| Veterinarian | Contract for services | Article 7:401 DCC | Wrong diagnosis or treatment, incomplete pre-purchase examination |
| Event organiser | Contract with participants; tort towards others | Article 6:162 DCC | Unsafe arena, poor crowd separation |
Pre-purchase examinations deserve a separate word. A vet who examines a horse for a buyer has a contract with that buyer, and the scope of the examination agreed in that contract largely decides what the vet can be blamed for. The buyer’s claims against the seller are discussed on our page on the purchase of a horse in the Netherlands.
Who is liable when a horse injures a rider or a third party?
In principle the possessor of the horse, even without fault (Article 6:179 DCC). If the horse is used in a business, such as a riding school or a training yard, that liability rests on the person who runs the business (Article 6:181(1) DCC).
An injured person who contributed to the damage, for instance by ignoring safety instructions, may see compensation reduced (Article 6:101 DCC). Who is liable in which situation, and what insurance covers, is explained on our page on liability and insurance in equine law.
Can a stable or riding school exclude its liability?
Only to a limited extent. An exclusion clause in general terms and conditions can be annulled if it is unreasonably onerous for the other party (Article 6:233(a) DCC), and a clause cannot be relied on insofar as that would be unacceptable by the standards of reasonableness and fairness (Article 6:248(2) DCC).
Towards a private customer, a clause that wholly or partly releases the yard from a statutory duty to pay compensation is presumed to be unreasonably onerous (Article 6:237(f) DCC). Between businesses, the protection is narrower: a Dutch company that has published its annual accounts, and any party with 50 or more employees, cannot invoke the grounds for annulment in Articles 6:233 and 6:234 DCC (Article 6:235(1) DCC). And between businesses that are not both established in the Netherlands, the Dutch rules on general terms do not apply at all, whatever law governs the contract (Article 6:247(2) DCC); only the reasonableness test of Article 6:248(2) DCC then remains if Dutch law applies. A foreign breeding or trading company should therefore read the yard’s terms before it signs.
An exclusion clause in the contract between owner and yard also does not bind third parties. A visitor injured by a horse can still claim under the strict liability rules described above. More on drafting effective clauses on our page on limitation of liability under Dutch law.
Which damages can you claim after negligence?
Financial loss, which covers both losses suffered and lost profits, plus reasonable costs of establishing damage and liability and of obtaining payment out of court (Article 6:96 DCC). The damage must be connected to the failure in such a way that it can be attributed to the liable party (Article 6:98 DCC).
For an injured horse, the claim usually includes veterinary and aftercare costs, the loss in value of the horse and, for a competition or breeding horse, lost income that can be proved. Keep invoices, veterinary reports and evidence of the horse’s value before the incident, such as competition results and earlier valuations. A claim for damages is time-barred five years after you became aware of the damage and the liable party (Article 3:310(1) DCC).
Is a Dutch yard, trainer or clinic denying responsibility for an injury to your horse? Send us the veterinary reports and the contract; we assess whether a claim is worth pursuing before costs rise.
Your horse was injured in the care of a Dutch business: what now?
Secure the evidence first, then hold the business liable in writing. The facts of the incident fade quickly, and both sides’ insurers will want documentation.
- Have the horse examined and treated, and ask the treating vet for a written report on the injury and its likely cause.
- Take photos of the location, such as the fence, stable or arena, and write down who was present.
- Hold the business liable in writing, describe the incident and ask it to notify its liability insurer.
- Collect the contract, the general terms and the invoices that show what the business was paid to do.
- Do not sign a settlement or a discharge before the full damage, including loss of value, is known.
Practical example: a mare injured at a Dutch livery yard
Suppose a Swedish breeding company boards a valuable broodmare at a Dutch livery yard. A broken fence board in the paddock is reported to the yard twice but not repaired, and the mare suffers a deep leg wound. The yard refers to its general terms, which exclude liability for any damage to horses in its care.
The yard had to observe the care of a good custodian (Article 7:602 DCC) and return the mare in the same state (Article 7:605(4) DCC). Because both parties act in the course of business and are not both established in the Netherlands, the Dutch rules on general terms, including Article 6:233 DCC, do not apply (Article 6:247(2) DCC). If Dutch law governs the contract, the company can still argue that relying on the clause after two ignored reports would be unacceptable by the standards of reasonableness and fairness (Article 6:248(2) DCC). Its claim covers veterinary costs, loss in value and, if it can be proved, a lost breeding season.
When do you need a Dutch lawyer for a negligence claim?
When the damage is substantial, when the business relies on an exclusion clause, or when liability is disputed and the veterinary evidence needs to be assessed. In district court cases, representation by a Dutch advocate is mandatory (Article 79(2) DCCP).
MAAK Advocaten in Amsterdam acts for owners, riders and equine businesses on both sides of negligence claims. We assess the contract and the evidence, calculate the claim, deal with the liability insurer and, if no settlement is reached, act in proceedings at first instance and on appeal. For a dispute that is mainly about the sale of the horse, see disputes in the horse industry; for the wider field, our overview of Dutch equine law. You can also contact our equine lawyers directly.
Frequently asked questions about negligence in the equestrian industry in the Netherlands
Is a livery yard liable if my horse is injured in its care?
It is liable if it did not take the care of a good custodian and that failure can be attributed to it (Articles 7:602 and 6:74 DCC). The yard must return the horse in the state in which it received it (Article 7:605(4) DCC).
Is a vet or farrier liable for a mistake in the Netherlands?
A vet or farrier must observe the care of a good service provider (Article 7:401 DCC). If treatment or shoeing falls short of what a competent colleague would do and causes damage, the owner can claim compensation (Article 6:74 DCC).
Is a riding school liable when a rider falls off a lesson horse?
Usually the riding school, as the business that uses the horse, is liable for damage the horse causes (Articles 6:179 and 6:181 DCC). Compensation can be reduced if the rider contributed to the accident (Article 6:101 DCC).
Can a Dutch stable exclude its liability in its terms?
Only partly. Towards a private customer, a clause excluding statutory liability is presumed unreasonably onerous (Article 6:237(f) DCC). Towards a foreign business customer, the Dutch rules on general terms do not apply (Article 6:247(2) DCC), but reliance on a clause can be unacceptable (Article 6:248(2) DCC). A clause does not bind third parties who are not party to the contract.
How long do I have to claim for an injured horse?
A claim for damages is time-barred five years after you became aware of both the damage and the liable party, and in any event twenty years after the event (Article 3:310 DCC). Hold the business liable in writing as soon as possible.
Primary sources
Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.
- Dutch Civil Code (Burgerlijk Wetboek), Book 3: Article 3:310
- Dutch Civil Code, Book 6: Articles 6:74, 6:76, 6:96, 6:98, 6:101, 6:162, 6:179, 6:181, 6:233, 6:235, 6:237, 6:247 and 6:248
- Dutch Civil Code, Book 7: Articles 7:401, 7:602, 7:603 and 7:605
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Article 79
