[Direct answer]In the Beijing area, it depends on whether the club has fulfilled its obligation to ensure safety. Equestrian sports are high-risk activities. As the operator of the venue, the club has a higher standard of safety obligation to its students according to Article 1198 of the Civil Code of the People's Republic of China, including horse management, coach qualifications and on-site guidance, protective gear provision, risk notification, and emergency response. If the student is injured from a fall due to the fault of the club or its staff, the club should bear tort liability. If the student voluntarily participates in high-risk activities and has his own fault, the club's liability may be reduced accordingly. However, "voluntarily assuming risks" does not mean exempting the operator from liability for harm caused by major negligence.
1. Problem background and typical scenarios
In recent years, equestrian sports have gained popularity among the general public, and horse riding experiences and equestrian training have become increasingly common. However, disputes over injuries from horse riding have also increased. Common situations include: horses being startled, coaches failing to provide adequate guidance, protective gear that is unqualified or not provided, and improperly designed venues. After students are injured, clubs often say "horse riding is inherently risky, and you need to bear the responsibility yourself". To determine how to allocate liability, we need to start with the fulfillment of obligations and the identification of faults.
II. Key points of contention
First, the standards of safety protection obligations in high-risk sports. Second, the application boundaries of the principle of assuming risks voluntarily. Third, the apportionment of faults between clubs and students. Fourth, the responsibilities in cases where third parties or other students cause harm.
III. Professional analysis by Henglue Lawyers
The first level involves higher standards of obligation: equestrian sports belong to activities with significantly higher risks than general entertainment activities. Operators should fulfill safety protection obligations commensurate with the risks involved, including but not limited to providing qualified horses and equipment, arranging qualified coaches, providing necessary technical guidance and safety reminders, maintaining venue safety, and equipping with first aid and emergency measures. If failure to fulfill the above obligations results in harm to others, the operator shall bear tort liability in accordance with Article 1198 of the Civil Code. The second level concerns the boundaries of risk assumption: if trainees voluntarily participate despite knowing the risks of horse riding, this may serve as a factor mitigating the operator's liability. However, according to Article 1173 of the Civil Code, the operator's liability can only be reduced if the victim is at fault for the occurrence or exacerbation of the same damage. If the operator commits major negligence or fails to fulfill basic safety protection obligations, risk assumption cannot be used to exempt liability. The third level focuses on the apportionment of fault: it is necessary to specifically determine the cause of the fall—whether it was due to abnormal conditions of the horse, improper coaching, equipment defects, or the trainee's failure to follow instructions or operational errors. The causal factor and degree of fault determine the proportion of liability. Clubs are usually responsible for providing evidence or explanations regarding the cause of the damage. The fourth level concerns third-party situations and evidence: if harm is caused by other trainees or third parties, the third party shall bear tort liability, and the club shall assume corresponding supplementary liability. In terms of evidence, it is necessary to secure on-site videos and surveillance footage, the condition of the horse and equipment, the coach's qualifications, communication records, and medical records. If necessary, it is possible to request access to surveillance footage or conduct injury appraisals. For personal injury compensation cases, reference can be made to relevant provisions of the Civil Code.Personal injury and medical disputesThe approach to handling plate issues; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
IV. Practical suggestions and legal basis
First, seek medical treatment immediately after the injury and keep the medical records, diagnosis, and expense receipts. Second, secure the on-site evidence as soon as possible and request to review the surveillance footage and record the conditions of the horse and protective gear. Third, negotiate compensation with the club and, if no agreement is reached, file a complaint with the competent authority or the Consumer Association. Fourth, promptly file a lawsuit and apply for a disability assessment, claiming medical expenses, loss of income, nursing care fees, and disability compensation. Main legal basis: Articles 116, 173, 179, and 198 of the Civil Code of the People's Republic of China; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.
5. Henglu Law Firm's Reminder
Three key points regarding liability for horse riding accidents: Participants of high-risk activities bear greater obligations, and all aspects including horses, coaches, protective gear, and safety instructions must comply with regulations; voluntary participation does not mean assuming full responsibility, and major negligence cannot exempt one from liability; the degree of responsibility depends on the causality and fault, and evidence should be collected from the scene. For cases involving personal injury compensation, legal action can be taken through the following channels:Personal injury and medical disputesThe service obtains a comprehensive solution, involving the combination of club operation complianceBusiness and contract disputes in enterprisesA reference for the execution of compensation involving platesCreditor's rights and debts, and enforcementColumn: Consultation on Difficult CasesSpecial servicesTeam.
VI. Frequently Asked Questions
Q1: Can I still claim compensation even after signing the risk disclosure form?
Yes. The risk disclosure and disclaimer clauses cannot exempt operators from liability for damages caused by their own faults, and their effectiveness is subject to legal restrictions.
Q2: Are novices also responsible for their actions?
If the students do not obey the coach's guidance and operate on their own, they may be held accountable for their mistakes, which may reduce the club's liability accordingly; however, whether the club has fulfilled its obligations of guidance and protection remains the focus of the review.
Q3: What items are covered by the insurance?
It generally includes medical expenses, loss of income, nursing care expenses, nutrition expenses, and transportation expenses. If the injury results in disability, the victim can also claim disability compensation and compensation for mental distress.
Q4: Who is responsible for the rider falling off the horse due to the horse being startled?
It is necessary to determine whether the horses were startled due to club management, the horses' condition, or venue issues. If the club is at fault, it should bear responsibility. If the incident was caused by a third party and the club has fulfilled its duty of care, the responsibility should be dealt with in accordance with the third-party liability rules.
Q5: How is the liability ratio determined?
It is determined by the court based on the degree of fault and causality of both parties. Usually, the court first investigates the cause of the horse fall, and then the party at fault bears the main or full responsibility.
The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm
Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.