Can you successfully sue someone if you take a fall from their horse?

CuriousYellow said:
Why should you be able to, frankly?
You make the choice whether to put your foot in the stirrup or not, unless someone had your arm up your back:confused:
Click to expand...


I used to think this too. To be fair, I may as well have had my arm held against my back. I didnt want to get on, I thought it was all to soon and I voiced my concerns. I was ignored and hassled to get on with it as quickly as possible.

I was right, I now have a broken back because I did what I was asked. I suppose it's all my fault. I wasn't doing it for fun, it was my job. I wasn't scared that I was going to fall off, I thought the horse was too young at not yet mature enough. I could go on and on but there is no point.

I wouldn't want compensation, just loss of earnings. To not have to constanty worry about money and not be able to do anything about it because I can't physically work!
 
kirstie said:
So you are saying that if you had a really nasty injury, lost your job, spent ages in hospital, couldn't afford to keep your horse anymore, let alone yourself you wouldn't want to sue for loss of earnings?
Click to expand...

CuriousYellow said:
Why should you be able to, frankly?
You make the choice whether to put your foot in the stirrup or not, unless someone had your arm up your back:confused:
Click to expand...

Personally, if this had happened to me, ie working with horses, I would have hoped the people I worked for either covered my loss of earnings whilst recovering, or have some insurance in place to cover this. Kirstie, have you contacted the http://www.injuredjockeys.co.uk/, apparently they help people who work with horses not just racehorses.
 
Maizy said:
Personally, if this had happened to me, ie working with horses, I would have hoped the people I worked for either covered my loss of earnings whilst recovering, or have some insurance in place to cover this. Kirstie, have you contacted the http://www.injuredjockeys.co.uk/, apparently they help people who work with horses not just racehorses.
Click to expand...


Thank you, no I haven't but I will. No, they didn't have me covered for anything like that. I thought I had personal accident cover on my own insurance but stupidly didn't read the small print that said I wasn't covered if recieving a wage.

I understand that all circumstances are different and I hate the thought of the 'suing/ compensation' culture. But surely you have insurance so that if someone really does hurt themselves they can sue?
 
Just to add, that the BHS insurance isn't all it's cracked up to be. I'm sure their 3rd party insurance is great, but they also offer personal accident insurance, which is part of the reason we became members (we being me and OH).

OH fell off a horse he rides (not ours, a friends). Horse is known to be sharp, OH (in my opinion) took a risk and rode in an area where the horse is known to buck and P off. OH has fallen off him several times doing exactly the same thing :rolleyes: Men! Anyway, he came off, landed badly and broke his arm. Not a serious injury by any means (he would argue!), but he can't drive.... He can't drive, he can't work (he's a mobile engineer), he gets no sick pay (statutory only).

So I tell him to claim on the BHS accident insurance. However, it's only really geared up for permanent disability, loss of limb etc. Not these minor, but time consuming to heal, injuries. He didn't pursue it in the end, the payout would have been less than £200.

I'm seriously considering banning him from riding :rolleyes:

Anyway, just wanted to add that in case anyone else was relying on their BHS accident insurance in the event of a broken limb. And if anyone has any recommendations for personal accident insurance which covers things like this, I'd be very grateful....
 
Weezy said:
Sadly it is true :( A girl at my yard had someone come to view her horse - the horse is 20+ and a schoolmistress. As the woman was mounting she kicked the horse on the rump, the horse moved sideways, not in a dramatic fashion, but she moved. The woman sat BEHIND the saddle and the horse did a couple of tiny bucks and said woman fell off. After saying, at the scene and awaiting the ambulance that it was just an accident and she was cool with it, she has proceeded to sue my friend. Luckily her insurers, NFU, are dealing with it and they have said that they prob won't contest it and just simply pay out!!!!
Click to expand...

When my husband ran a manufacturing business he always weighed the cost of paying up against defending and facing a hefty legal bill!!
 
What an interesting thread, and having suffered back injuries falling off my own (stupidly uninsured youngster) and ending up really struggling to survive on SSP I have huge sympathy for anyone else broken.

You can get accident only insurance cover and you get a certain amount for every day you are in hospital and for things like fractures but not sure if you could claim on that if you had standard horse and rider insurance as well?
 
How bloody ridiculous!!!! You get on a horse using your own free will, therefore you accept it may result in injury to yourself!!!! That's the whole point of it being a 'risk sport'! I wouldn't dream of suing someone if I fell off their horse.
I wouldn't be able to sue someone if I had was driving their car and injured myself in an accident caused by my incompetence as a driver! Why are horses any different?

Crumbs, better not let anyone else ride my little monkey!!!
 
kirstie said:
So you are saying that if you had a really nasty injury, lost your job, spent ages in hospital, couldn't afford to keep your horse anymore, let alone yourself you wouldn't want to sue for loss of earnings?
Click to expand...

No I wouldn't. If the horse belonged to me I wouldn't be able to sue anybody so why should I sue the owners just because it's their horse? You get on a horse and accept that it's a risk sport and accidents happen. I have rider insurance which covers me against injury so if I was unable to work I would claim off that, not sue the owners.
 
noblesteed said:
How bloody ridiculous!!!! You get on a horse using your own free will, therefore you accept it may result in injury to yourself!!!! That's the whole point of it being a 'risk sport'! I wouldn't dream of suing someone if I fell off their horse.
I wouldn't be able to sue someone if I had was driving their car and injured myself in an accident caused by my incompetence as a driver! Why are horses any different?

Crumbs, better not let anyone else ride my little monkey!!!
Click to expand...


I hope you never have a nasty, painful and debilitating accident where you end up losing your job, unable to carry on with your career or work for a lenghty period of time and survive on £80 a week!

It's not bloody ridiculous, it's a bloody nightmare!!!!
 
Twizzel said:
No I wouldn't. If the horse belonged to me I wouldn't be able to sue anybody so why should I sue the owners just because it's their horse? You get on a horse and accept that it's a risk sport and accidents happen. I have rider insurance which covers me against injury so if I was unable to work I would claim off that, not sue the owners.
Click to expand...


If I was riding my own horse, my insurance would have covered me. I'll admit I was stupid and didn't read the small print, I thought I was covered.

I most likely won't sue, I couldn't deal with the stress or bad feeling. I'm not a nasty person, I was told I was covered by their insurance, turns out I wasn't. I'm struggling financially and panicking that I am really going to find it difficult to find a job when I am well enough to work that will understand and be able to accomodate my needs for rehab and physio etc.

Before my accident I would have had the same opinion as you but when it actually happens your views can change a bit!
 
kirstie said:
If I was riding my own horse, my insurance would have covered me. I'll admit I was stupid and didn't read the small print, I thought I was covered.

I most likely won't sue, I couldn't deal with the stress or bad feeling. I'm not a nasty person, I was told I was covered by their insurance, turns out I wasn't. I'm struggling financially and panicking that I am really going to find it difficult to find a job when I am well enough to work that will understand and be able to accomodate my needs for rehab and physio etc.

Before my accident I would have had the same opinion as you but when it actually happens your views can change a bit!
Click to expand...

Were you employed to ride this horse?

If so, surely your employer has a duty to make sure you are 'safe' at work and you should be covered by employers liability? Same as if I tripped at work and fell down the stairs or something?

Thats terrible if you are fiancially struggling due to a work-related incident.
 
CuriousYellow said:
Were you employed to ride this horse?

If so, surely your employer has a duty to make sure you are 'safe' at work and you should be covered by employers liability? Same as if I tripped at work and fell down the stairs or something?

Thats terrible if you are fiancially struggling due to a work-related incident.
Click to expand...


Hi, yes I had the accident at work. I have been left truly in the ****! TBH I haven't even looked into it too much. The only information I gleaned was that horses are unpredictable and you can't cover for that. Fair enough.

I just find it frustrating that people are so quick to judge and condem people for suing when maybe they have to.
 
I think there is a big difference between doing this for a living and riding a horse for fun.

Employers have a duty of care and therefore IMO should ensure they either have cover in place or insist on the rider/grooms having a policy in place (and cover the cost of this via salary) in order to make a claim in the event of an injury.

Surviving on SSP is almost impossible. It's certainly life changing if you are a paid groom/rider and can no longer look after/ provide for yourself and horse. Savings on a grooms salary are pretty hard to do.

I don't think it's right that everyone sues everyone else, but each case has it's own merits and these should be considered. I think we have gone slightly off track from the OP's scenario.

If your horse had to have 4 months re hab livery and your insurance covered for it I don't think many people would not claim, I see no difference in riders claiming to cover basic earnings and enabling them to carry on life as normally as possible. The difference being is that everyone should either be provided the cover (if they work with horses and are employed) or take out their own policy either as a freelance rider or a pleasure rider.

JM - It's very hard to brush off ones' broken bones!
 
kirstie - I am very, very against the suing culture, however, you really should sue. The reason I say that is that your employer should have the correct insurance in place. If they do, then you should be covered. If they don't then it will be a sharp lesson for them.

In your case, forget about hard or bad feelings, you need financial help and you really do need to explore every avenue to see what is available to you. Your accident was not of your own making, you were asked to do something, you voiced your concerns that it was too risky, you were made to do it, you were injured....liability has to land firmly in the lap of your employer on this case.
 
Ditto Weezy.
Your employer has a legal responsibility to ensure they have done everything to keep you safe. They clearly didn't.

Even if you don't win, they should have a nasty shock and it may well stop another getting hurt.
 
Thank you weezy. I probably won't sue, it's really not the sort of thing I want to do.

I don't think the accident was my fault however, I did my best to make it as safe as possible for myself. But these things happen.

I just don't think it is as simple as "well you get on a horse, thats the risk you take."
 
kirstie said:
Hi, yes I had the accident at work. I have been left truly in the ****! TBH I haven't even looked into it too much. The only information I gleaned was that horses are unpredictable and you can't cover for that. Fair enough.

I just find it frustrating that people are so quick to judge and condem people for suing when maybe they have to.
Click to expand...
Kirstie, I'm with Weezy and the others and think that you should definitely sue.
 
PapaFrita said:
Kirstie, I'm with Weezy and the others and think that you should definitely sue.
Click to expand...

And me, your employer should have Employers Liability insurance in place or, if it's a private yard and you were employed as a groom, you should be covered as their domestic staff under home insurance. Either way, I think you need to bring in a claim.
 
Kirstie, would it be worth contacting the NASS (formerly Stable Lads Association). They might be able to give you some advice. It really is grossly unfair that kids are expected to ride anything for minimum wage.
 
Thank you guys for your comments, you have definately given me some food for thought.

My OH agrees with you all, thinks I should sue for loss of earnings. £80 does not go very far at all when you own a horse!

I will have a think about it and maybe seek some legal advice. Even a little bit extra would go a long way.
 
Fellewell said:
Kirstie, would it be worth contacting the NASS (formerly Stable Lads Association). They might be able to give you some advice. It really is grossly unfair that kids are expected to ride anything for minimum wage.
Click to expand...


Thanks, I will look in to it. Just to add though, I'm not a kid and I wasn't on the minimum wage!!
 
People can sue for this yes BUT whether they are successful will depend on the circumstances. In the example given the horse insurance are quite likely to turn down the claim if the person who was injured was a friend/family of the insured as under most insurances they would be considered as being in custody and control of the horse at the time and therefore would essentially be treated as the owner of the horse (ie the insured). You cannot claim under your liability section under your own policy so would not be able to claim under that.

However, if the policy covering the horse had personal accident cover included then it is likely the other person who rode the horse could claim under that section of the policy as, like the liability section this generally extends to cover the policyholder or anyone given permission by the policyholder to ride or be in control of the insured horse.

Thankfully many of these claims that go to court do get thrown out but it depends on the judge at the time. There was case when a lady tried to sue the owner of a riding establishment as she fell off during a xc lesson as she jumped a fence and hit an overhanging branch which caused her to fall off. The judge threw it out stating that the claimant had been knowingly taking part in a dangerous activity and basically it was part and parcel of horseriding (or words to that effect).

IF you intend to ride other people's horses you are much better off ensuring you have adequate personal accident cover to be honest so you know you have cover should the worse happen. That is the same with driving (as someone mentioned that), if you are inuured in a car crash, even if you were at fault, if you had the PA extension to your cover you could claim for injuries/loss of earning etc.

As far as the person who fell off their employees horse - your employee should have employers liability insurance and you should be able to make a claim under that. It is not suing as such, it is claiming under a section of a policy for which your employer should have you covered for. That is their responsibility as an employer and hence why you should always ensure your employer has you covered! If you are injured whilst doing your job then you are entitled to claim for it.

Kirstie - just realised that was you. If you have been injured when at work and it has affected you either temporarily or permanently then CLAIM! That is what EL cover is for. Christ we have loads of claims notified to us for even minor injuries so you would not be doing anything out of the ordinary and you are entitled.

Personally I wouldn't claim against someone if i got on a horse of my own free will. If I wasn't sure about the horse or my capabilities as a rider then i wouldn't get on, end of.
 
I wouldn't think this would be possible seeing as horses are unpredictable and if you think about it, every time you ride any horse you are taking a risk. Also, she should have been expecting this risk to be higher as she was riding a 4 year old which was known for being a bit of a handful.
 
kirstie said:
What about if you had an injury at work backing a young horse you didn't think was ready but you felt pressured into doing? Not forced, but a lot of pressure.
The result being a very nasty fall and broken back.

Could you sue for that?
Click to expand...

Absolutely - although if you didn't make your feelings absolutely clear about the young horse not being ready, any award MIGHT be reduced by - say - 20% due to your 'contributory negligence'. But that would be a claim on your employer's "Employer Liability" insurance! (And for anyone who works with horses, make DAMN sure your employer has this. The certificate should be displayed in tack room, or office, or another public place where every employee can see it!!)
 
Sorry to hijak the initial OP but i am concerned about Kirstie's post.

Where i work (not horse related) accidents that happen at work are report to the Health & Safety Executive as a RIDDOR:

http://www.hse.gov.uk/riddor/

I would be giving them a ring and see where you stand.
 
If she was invited to ride the horse by an experienced owner and not told that the horse could be tricky by a negligent owner then yes. I know a novice rider who was asked to ride a 3yo by a VERY experienced livery yard owner (who was scared to ride the horse herself and therefore using the novice as a crash test dummy), novice rider was bucked off, sustained a serious injury. Rider very successfully sued the owner and IMO deserved every penny of his compensation.
 
I am going to look into it. I made my feelings clear.

Shortly after I got home from hospital my boss phoned me and told me he had spoken to his insurance company and that a claim could not be made for me.

I don't know what to do really! I'm in a bit of a crappy situation and I don't want to make it worse. I would describe myself as a little bit emotionally vunerable at the moment!
 
You must log in or register to reply here.
Top