The case
On 20 May 2017, at around 8.30pm, a hot air balloon owned by Sky Promotions landed in or next to a pasture where horses were kept. After the landing, the owner of one of the horses from the pasture indicated to the pilot of the hot air balloon that the horse was lame and was walking strangely. That same evening, the veterinarian from Paardenkliniek Venlo B.V. came to examine the horse. The vet determined that horse was suffering from ataxia; various disturbances of balance and movement coordination. On 27 December 2018, the horse was euthanised. The horse owner claimed compensation from Sky Promotions.
The ruling
The question before the Court was whether Sky Promotions acted unlawfully when landing the hot air balloon in relation to the owner of the horse and/or whether there was a causal link between the the landing of the hot air balloon and the damage suffered by the horse. The Subdistrict Court answered both questions in the affirmative. If, when the balloon landed, a horse was startled and fell, causing damage to that horse, then the landing of the balloon must be regarded as unlawful in respect of the owner of the horse, because this was done in breach of due care. Therefore, the causal connection has been sufficiently established. The damage was estimated at an amount of approximately € 15,000.
