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FEI Exoneration does not help CSI organisation in the Netherlands to avoid liability

In a verdict of December 9th, 2020, the Northern Netherlands court rejected an appeal by the organizer of a CSI event on an exoneration clause (exclusion of liability) included in the FEI  schedule and has held the organizer liable for the damages an owner of a participating horse suffered as a result of a tent blown over during the event.

The reason for this was the fact that the organizer had used the tent in violation of the permit regulations and kept it in use, despite a warning issued by the KNMI with a yellow code for heavy gusts of wind and actually occurring wind. Under these circumstances, the organizer could not hide behind the exoneration clause.

Now that the organizer’s liability has been established, legal proceedings will continue on the extent of the damages to be compensated by the organizer. The owner takes the position that the horse has suffered serious injuries as a result of the calamity and is claiming a considerable amount of compensation.

The owner is assisted by L.M. Schelstraete and V. Zitman of Schelstraete Advocaten.

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