HazuraJane
Well-Known Member
Perhaps the 'compensation' would be a lesson learned. Horse owner may have been advised by counsel to not converse with OP.
Can I get some compensation?
- Thread starter Chantelle_12
- Start date
Red-1
I used to be decisive, now I'm not so sure...
I Googled racehorse, fell wheelchair or something, found this article from the Daily Fail, but there will be many more articles out there...
https://www.dailymail.co.uk/news/ar...ramatic-implications-horse-owner-Britain.html
ycbm
Einstein would be proud of my Insanity...
The worst bit of that case is that the child affected actually went and acted as the test rider for the less experienced buyer when the horse was bought. It truly beggared belief that she won. It made me extremely wary of allowing anyone to ride my horses. It's all very well to be insured but it's still very stressful to be sued!
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MissTyc
Well-Known Member
I will never forget the case of the 15yo; it was soon after that I decided to stop teaching and go back to an office job as it scared the life out of me. The girl was extremely seriously injured - life changing. I also believe she herself didn't want to bring the case, but it was pushed through because of the life-long care requirements. Nonetheless it made me realise that common sense and horse sense were no longer a protection at all. And my insurance wasn't good enough (£2 million liability) and so I figured I needed to get away from that stress . Posts like this one confirm that decision 
. I know someone who got kicked by a share horse and was awarded a £40,000 payout of which £18,000 was loss of earnings. It definitely happens. If both parties have insurance it can get real nasty real quick.
. I know someone who got kicked by a share horse and was awarded a £40,000 payout of which £18,000 was loss of earnings. It definitely happens. If both parties have insurance it can get real nasty real quick.
DressageCob
Well-Known Member
I remember that case. It was absolutely the right decision. The boyfriend's mother was too scared to ride the horse herself so encouraged the girl to get on. The girl had only ridden ponies, and quiet ones at that.
If I were too scared to ride my horses the last thing I'd do is put a novice child or teenager on board. Plus children can't consent for themselves so it's difficult to argue that they can voluntarily accept the risk of injury.
Every case is fact specific so the OP should get legal advice. There isn't enough information to say one way or the other.
Teajack
Well-Known Member
If you go to a riding school it is their responsibility not to over horse you You may still fall off anyway because that's what happens. Anywhere else you need to judge whether you are capable of riding the horse in front of you and if you get it wrong that's tough.
doodle
Well-Known Member
There is definitely an issue with inexperienced people thinking they are more experienced than they are. I had someone come to try mine after saying she was hugely experienced and sounded perfect. She very nearly fell off over a little x pole, couldn’t recover quick enough and didn’t let him know which way to go at the fence and again almost off when he made the decision. She was keen to take him BE. I declined.
1523679
Well-Known Member
Try one of the no win, no fee ambulance chasers. If you’ve got a half-decent case they’ll represent you.
If not (and probably irrespective of any legal action) chalk this one down to painful experience. Find a decent physio, get well and get yourself some decent lessons so that you have both confidence AND competence in your riding.
As the case of Ashleigh Harris shows, being young does not make you indestructible and rash action can stay with you for life.
If not (and probably irrespective of any legal action) chalk this one down to painful experience. Find a decent physio, get well and get yourself some decent lessons so that you have both confidence AND competence in your riding.
As the case of Ashleigh Harris shows, being young does not make you indestructible and rash action can stay with you for life.
ycbm
Einstein would be proud of my Insanity...
Unless we are talking about different cases, the girl test rode the horse for the mother before she bought it.
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CanteringCarrot
Well-Known Member
Hm. To be fair she did offer to settle for the insurance payout amount.
I don't know if it complicates things because she was a minor, it doesn't say so, but I haven't read the actual case.
But still, if I get on a horse, anything could happen. I have to assume some level of risk. If I am not smart enough to exercise good judgment then I guess it is on someone else to do so? Idk. Still a weird thing for me. In this case she was encouraged by an adult, according to the article. Kids have some level/are supposed to have some level of trust in adults when it comes to their wellbeing, and adults have some "responsibility" in exercising better judgment than a child. I wonder if it were two adults, same age, same riding experience, if the outcome would've differed at all.
I have really high insurances on my horse, even though I am the only one that rides him aside from a friend (same friend each time) once in a blue moon and trainer, which rarely happens. But again, not sure how the case would've played out here.
CanteringCarrot
Well-Known Member
Yeah, and at first that was a sticking point for me "Well, she rode the horse before" but she basically rode it on a leadline from the sounds of it, and not on her own.
1523679
Well-Known Member
In the case of the OP, I think that the fact that the owner accepted £80/month as consideration for rides (among other activities) may confer some duty of care for the safe provision of said service.
#notalawyer
#notalawyer
DressageCob
Well-Known Member
If I remember rightly, they both rode it before buying, but the girl was only in walk and either on a lead rein or had someone walking alongside at least.
The accident happened when the girl rode without a leader for the first time, and she was encouraged to get on board when the owner herself had lost her nerve. That immediately sounds alarm bells to me; adult is too scared to get on, so gets a novice on board who has only walked with a leader on the horse previously. They were also in an open field. The woman had only owned the horse for a week. It was an accident waiting to happen.
ycbm
Einstein would be proud of my Insanity...
The family disputed whether she was encouraged to ride or wanted to ride, but the child's version was believed against the mother and son. She'd had her own pony for a year, she was by far the most experienced horse person involved in the incident.
As it happens, I think as long as insurance pays, it's good that somebody paralysed by a one in a million accident like that gets a big payout.
But the case still scares me too much to let other people ride my horses any more. I have the insurance, but I couldn't stand the stress.
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DressageCob
Well-Known Member
The family did give somewhat incredible evidence (that the girl hopped on when their backs were turned, with no permission), despite the fact they accepted the mother gave her the body protector to wear. it's no wonder that evidence wasn't accepted.
Clearly if a girl who had owned a ploddy pony who was described as a "competent novice" by her riding instructor and mother was the most experienced of the bunch, an untrained ex-racer shouldn't have been there at all. But some people will sell to anyone.
What was most telling in the judgment was the note that the owner of the horse admitted she didn't know much about the Claimant's riding ability. That same thing surprises me with the OP here - she seems to have been given permission to ride the horse alone without the owner ever supervising or watching her ride beforehand. You would think the owner would want to be happy they were a good fit, and that the OP was as good as she described.
It does put things into perspective. I won't let non-rider friends even sit on my horses on a lead rein because I will never be able to 100% protect against all potential issues, and I'm fairly risk averse (being in court every day dealing with other people's accidents does tend to do that to you!).
So long as insurance only pays for cases with blame, I'm happy. I have seen some people call for compensation in all horse cases, even where it is a genuine accident (such as a horse tripping on a stony track) because it's insurance paying out, but I don't like that. if it is too easy to claim insurance premiums will be sky high and even more riding establishments will have to close.
Starzaan
Well-Known Member
This terrifies me, and illustrates my biggest pet hate in this industry.
I taught in a very large very busy riding school for a long time, and the thing that made me leave in the end was how absolutely fed up I was with people blaming good horses for their bad riding.
If I have a problem with my horses, I stop and think ‘what have I done wrong to cause this’. NEVER ‘this horse is badly trained’. I absolutely detest this type of mindset, and it makes me so so angry, and so sad for the nice horses being maligned unnecessarily.
One of my horses is what I would describe as an easy and very straightforward type. However, I wouldn’t put a novice on him. He’s sharp, he’s not stupid, and he’s a powerful competition horse with the potential to do damage if ridden by someone so wildly overestimating their ability.
You were overhorsed and overestimated your experience. I’m so sorry you ended up hurt, but that is what happens in situations such as this. I agree with everyone suggesting you head to a riding school for some lessons.
I taught in a very large very busy riding school for a long time, and the thing that made me leave in the end was how absolutely fed up I was with people blaming good horses for their bad riding.
If I have a problem with my horses, I stop and think ‘what have I done wrong to cause this’. NEVER ‘this horse is badly trained’. I absolutely detest this type of mindset, and it makes me so so angry, and so sad for the nice horses being maligned unnecessarily.
One of my horses is what I would describe as an easy and very straightforward type. However, I wouldn’t put a novice on him. He’s sharp, he’s not stupid, and he’s a powerful competition horse with the potential to do damage if ridden by someone so wildly overestimating their ability.
You were overhorsed and overestimated your experience. I’m so sorry you ended up hurt, but that is what happens in situations such as this. I agree with everyone suggesting you head to a riding school for some lessons.
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mini_b
Well-Known Member
this a thousand times over
LadyGascoyne
Well-Known Member
This sort of post makes me feel quite sad.
As a teenager, often riding other people’s horses, I remember feeling incredibly embarrassed and guilty for falling off, even if I came off worse. I was always so concerned about putting someone else’s horse at risk.
I genuinely think, if I was in your position, I would be replacing the reins and apologising to the owner for the horse getting loose. I’d also be getting insurance pronto- before getting onto another horse.
I’m having serious second thoughts of finding a rider for one of my mares. I may actually just pay someone, who has professional insurance.
As a teenager, often riding other people’s horses, I remember feeling incredibly embarrassed and guilty for falling off, even if I came off worse. I was always so concerned about putting someone else’s horse at risk.
I genuinely think, if I was in your position, I would be replacing the reins and apologising to the owner for the horse getting loose. I’d also be getting insurance pronto- before getting onto another horse.
I’m having serious second thoughts of finding a rider for one of my mares. I may actually just pay someone, who has professional insurance.
Crazy_cat_lady
Well-Known Member
Im not a competition rider just a happy hacker but since I got him, bar one lesson where he was being an arse and my instructor got on him, no one has sat on my horse bar me since i got him.
Yes im insured and hes insured but it's not worth the potential fallout.
He's not got any vices never bucked or reared and verges on being lazy at times. But hes a spooky welsh D and the spooks are at random things (think different coloured sand, poo or mud on the road etc) and while he doesn't spook all thr time it's just not worth the risk that he *may* spook and in doing so he*may* catch someone out. Especially as while I'd tell them he does it id letting them ride him knowing he does. Its not worth the risk
Yes im insured and hes insured but it's not worth the potential fallout.
He's not got any vices never bucked or reared and verges on being lazy at times. But hes a spooky welsh D and the spooks are at random things (think different coloured sand, poo or mud on the road etc) and while he doesn't spook all thr time it's just not worth the risk that he *may* spook and in doing so he*may* catch someone out. Especially as while I'd tell them he does it id letting them ride him knowing he does. Its not worth the risk
Shay
Well-Known Member
This is all why 3P insurance - and to a decent level - is essential. The current position of law is - for an owner - horrific!
gallopingby
Well-Known Member
Blimey sounds as if the £80 would be better spent on lessons. One day a week for a horse share isn’t much time in terms of shared responsibility but £80 a month to ride 4/5 times with everything paid for doesnt reflect the cost to the owner especially if things go wrong causing the horse a fright / injury which requires attention.
JulesRules
Well-Known Member
This whole post horrifies me on 2 levels.
As someone who has had various sharers for one of my horses over the years, what the heck was the owner thinking? Any new sharer of mine is always closely supervised for the first few weeks and sometimes longer depending on experience/ age etc. Just leaving someone to get on with it is just asking for trouble.
Secondly, no OP, even considering thinking about compensation is pretty low. When you ride a horse you take on responsibility for putting yourself in that position. If you are not prepared to fall off, don't get on a horse. I would suggest you get yourself some personal accident insurance if you are worried. Nobody made you get on the horse or ride it through the woods.
If you are still here reading the replies, I think you will have got the message by now!
As someone who has had various sharers for one of my horses over the years, what the heck was the owner thinking? Any new sharer of mine is always closely supervised for the first few weeks and sometimes longer depending on experience/ age etc. Just leaving someone to get on with it is just asking for trouble.
Secondly, no OP, even considering thinking about compensation is pretty low. When you ride a horse you take on responsibility for putting yourself in that position. If you are not prepared to fall off, don't get on a horse. I would suggest you get yourself some personal accident insurance if you are worried. Nobody made you get on the horse or ride it through the woods.
If you are still here reading the replies, I think you will have got the message by now!
Firefly9410
Well-Known Member
Riding schools really need to rename their lessons groups from novice, intermediate, advanced into beginners, novice and competent novice then everyone would have a better idea of what is what.
No you should not get compensation OP you misrepresented yourself to the owner, have possibly taught her horse bad habits of tanking off, yes they can learn bad habits in just a few rides, and you broke the reins. If you fell off because the reins broke you must have been hanging on the horses mouth so could have cut or bruised it. An experienced rider stays on by balance even in the unlikely event they got tanked off with. £80 up front would have been to cover the notice period because too many people will disappear with out a word never to be heard of again leaving the owner up a creek. I expect under the circumstances the owner did not want you to be handling and riding the horse during the notice period and did not know how to go about explaining this to you without causing offence. You have not paid for nothing. It was a share so your financial contribution was towards the costs of the horses care which are the same if you ride it or not. In fact due to you costs increased new reins possible vet visit and possible reschooling the bad habits you set in. £80 does not cover all that. If you want to pay purely for riding you need a riding school.
No you should not get compensation OP you misrepresented yourself to the owner, have possibly taught her horse bad habits of tanking off, yes they can learn bad habits in just a few rides, and you broke the reins. If you fell off because the reins broke you must have been hanging on the horses mouth so could have cut or bruised it. An experienced rider stays on by balance even in the unlikely event they got tanked off with. £80 up front would have been to cover the notice period because too many people will disappear with out a word never to be heard of again leaving the owner up a creek. I expect under the circumstances the owner did not want you to be handling and riding the horse during the notice period and did not know how to go about explaining this to you without causing offence. You have not paid for nothing. It was a share so your financial contribution was towards the costs of the horses care which are the same if you ride it or not. In fact due to you costs increased new reins possible vet visit and possible reschooling the bad habits you set in. £80 does not cover all that. If you want to pay purely for riding you need a riding school.
Ossy2
Well-Known Member
For as much as I hate the “no win no fee” culture we have in the world today and the implications it can have there are cases out there like the one linked in previous posts that provide law precedents in situations like this and as such if the OP can prove a material loss and/or expenses that have incurred or could be incurred in the future as a direct result of the accident or the owner of the horse mislead the OP then I bet a solicitor would take on this case, as much as that pains me to say as I’m from the mentality that we all need to take some kind of responsibility for our own actions not just blame others.
If you think you have a case speak to a solicitor as sharing information on a case that could go to court on a public forum could jeopardise said case getting court.
If you think you have a case speak to a solicitor as sharing information on a case that could go to court on a public forum could jeopardise said case getting court.
CanteringCarrot
Well-Known Member
Yeah, but the burden of proof here. The OP would have to prove a few things, as you said. That proof needs to meet a certain threshold.
There are differences between the case that was linked in this thread vs. the OP. Quite different when you consider that the girl, at the time, was a minor directed by an adult. A lot of little details to get into there. So while that case sets a certain precedent, it is still a case-by-case basis.
Definitely makes you reconsider letting someone else ride your horse. If only it were so black and white as, "when you ride a horse you accept the risk of falling, getting injured, or worse."
Ossy2
Well-Known Member
Yes absolutely does and I’m not saying I agree with seeking compensation just that there is precedent out there that would make me think a no win no fee solicitor would take this on.
This link is also quite interesting as it gives a couple of examples one being the miller case but the other race horse case is also interesting. The interpretation of the animals act 1971 is also interesting as it implies you don’t even need to have been negligent to be held liable. But I still think you have to prove a loss or expenses to claim something.
https://www.ringroselaw.co.uk/2020/09/15/not-just-ballroom-dancing-that-can-be-strict/
Littlebear
Well-Known Member
Just as a thought - does anyone know how well a signed disclaimer would hold up in these situations?
CanteringCarrot
Well-Known Member
Depends on what the disclaimer says and what happened. Lots of variables there. There might be a chance if you have a solicitor write the disclaimer. You'd really need someone educated in law and animal liability to have your best shot at the disclaimer holding up.
Not 100% sure how UK law works here either. I'd have to do some research to provide an educated answer, but what I said above is just what comes to mind at the moment.
Ossy2
Well-Known Member
I can’t remember which act it is in but there is wording in an act somewhere that stated something along the lines of you can’t relinquish your responsibility of being held liable through negligence for something by writing it in a waiver.
So as CC above says lots of variables to whether it would protect you.
Littlebear
Well-Known Member
Shame really, there will end up being too much risk attached to ever letting someone on a horse that they don't own themselves.
I do know of one local riding school that closed down after a case against them from someone that lost balance and slid off the side. If people want to continue to have the availability of riding schools and loans etc then this whole compensation culture really does need to be rebalanced somewhat.