Accident Involving a Runaway Horse: Who Is Liable?

Last Thursday, an unusual scene unfolded on the road from Huy to Hannut: a horse, harnessed to a sulky but without a rider, was seen travelling against traffic, causing panic. Frightened, the animal moved at high speed, damaging several vehicles along the way. Fortunately, no injuries were reported.

This incident raises an important question: who is liable in the event of an accident caused by an escaped animal?

Liability under Belgian Law

In Belgium, when an animal causes damage, its keeper is strictly liable.

There is no need to prove any fault on the part of the keeper to establish liability.

The keeper is the person who exercises control and supervision over the animal. This is usually, but not necessarily, the owner.

The keeper can only be released from liability by proving the existence of a foreign cause, such as:

force majeure,

fault of the victim,

or the unforeseeable act of a third party.

In Practical Terms

In this case, the horse’s keeper will be liable for the damage caused to the vehicles.

Injured motorists can claim compensation directly from the keeper or their insurer.

If a civil liability insurance policy exists (such as a family liability policy or specific animal insurance), it will cover the material damage.

What if Another Accident Had Occurred?

Suppose a motorist, trying to avoid the horse, caused a serious accident.

In that situation, a causal link between the presence of the animal on the road and the accident would have to be established.

In principle, if the animal was the direct cause of the accident, the keeper’s liability would apply.

However, if the motorist committed a fault (such as excessive speed or distraction), shared liability could be considered, which might reduce compensation.

In Summary

The keeper of the animal is presumed liable for the damage caused by the animal, even if it escaped.

Proof of fault by the keeper is not required.

Victims are entitled to compensation.

A civil liability insurance policy may cover the damage.

This incident serves as a reminder of the importance for all animal owners or keepers to exercise rigorous supervision and to have appropriate insurance coverage.

For any questions regarding liability for damage caused by an animal or for any inquiries related to road traffic law,Contact me