In our more contentious society, it is important that the equestrian community makes itself aware of situations in which liability for bodily injury may occur. This is particularly the case for owners and operators from the stables and other companies.
Common Law liability
Common Law liability for personal injuries can result from an allegation of negligence on the part of the owner of horse. At its base, the person who suffers damage shall demonstrate that there is a connection between him and the owner of the horse, it was reasonably foreseeable that operations or the actions of the horse owner harm could come to the injured party, and that the owner of horse had failed to take reasonable precautions.
In cases where the owner of a horse offers its out horses for riding, there is a risk of injury to the rider, and should ensure to provide protective equipment, to ensure that activities are properly supervised and give relevant instructions on safety and technology.
It is important to note that the precautions must only be reasonable, not exhaustive. For example, although the protective equipment should be provided in the constituency, such as helmets, there is no requirement for the horse-owner to go beyond what is reasonable (for example, by offering a full suit of armor). "Reasonable" is determined with reference to what the ordinary man, in the street would consider reasonable.
Legal liability
Liability for bodily injury may occur where the aggrieved party argues that the horse caused damage as a result of a particular characteristic is not current horses - for example where a horse is known to be exceptionally aggressive and territorial. Legal liability is imposed by the Act of 1971 animals and is "strict" sense that there is no obligation to prove the fault of the owner of horse.
Occupier liability
In passing, the owners and occupants of the premises have a legal duty to protect visitors from harm and to warn them of the risks that are present on the ground. While this is not usually relevant for bodily injuries caused by horses and it is outside the scope of this article, it is something that the owners and operators of the stables should keep in mind.
Defences to claims for personal injury
Contributory negligence
The Act recognizes that in many cases, the person who suffers an injury is at least partially responsible for the damage, and that it would be unjust to allow him to recover the full compensation of the owner of the horse. In these circumstances, the Court may decide that the negligence of the injured party contributed to the damage and reduce the compensation accordingly.
In some circumstances, the actions of the person who has suffered damage may be so stupid and irresponsible that the Court decides that while horse owner is technically responsible for damages, the injured party is 100% contributory negligent, and therefore no compensation is due.
Voluntary assumption of risk
Everywhere where a person is committed to perform a dangerous activity, run the risk of damage, then the law can avoid an application for any damage resulting. Note that this is not true in all cases, and the feasibility of this defence may depend on the experience and skills of the aggrieved person and the degree to which the risk was plain and obvious. For example, horse-riding accident claims , defence may request where an experienced jockey takes part in a dangerous steeple but is unlikely to apply to a novice rider on a pony Trek.
Damage resulting from a wrongful act
Everywhere where a person is injured due to circumstances resulting from their own illegal actions or civil fault against another person, the right will not obtain compensation (or limit the compensation which they can recover). This defence is specifically available for owners of horses by virtue of article 5, paragraph 3, of the animals Act which stipulates that the owner of a horse is not responsible for damages which are caused by his horse to intruders.
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