DIY livery yards - insurance question

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MyBoyChe

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Does anyone know anything about this. Just musing really but started to worry a bit. Scenario, small DIY yard, everyone has there own paddock but are responsible for fencing it themselves, just electric tape to make individual paddocks in one big field, not everyone keeps their batteries charges so we do get escapees from time to time. Who would be liable if a horse was hurt, either by another liveries horse or the actions of another livery (leaving fence off, gate open etc)?
 
I think ypou would need to check the fencing was on each time a horse is turned out as you have already admitted you know some people dont charge their batteries and leave gates open, so I think this would be classed as negligence on your part.
 
Sorry, Im not the YO, should have made that clear. Its always been quite small and relaxed but is getting busier and Im just worried that as there are no rules in place, who would be responsible in the event of an accident. Would the YO be held liable or is it up to the individual to have their own 3rd party cover, if they dont and they or their horse are the cause of the accident, who would you claim against? I have BHS gold cover but Im not sure that anyone else has any sort of cover at all!
 
Public liability insurance is a prerequisite of a livery space at the yard I'm on. I have it anyway but it is also required as part of our written contract. The yard also has its own insurance.

Everyone is covered from all angles and I think this is the most ideal approach. Our yard is still small and relaxed. If anything, I feel more relaxed knowing that we are all covered both contractually (everyone's rights and responsibilities are clearly defined) and via insurance, should anything go awry.

Rather than worry about 'what ifs', I think I'd be tempted to push for contracts to be brought in. Otherwise, the likely outcome of any given scenario can only really be guessed.
 
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This is just my understanding as I'm no expert.

The YO is personally liable for any injury to people or property (just as we all are, every day of our lives!) if they are negligent - as they are taking money for a service, their liability increases. In saying that they are unlikely to be liable for injuries to horses unless they do something grossly negligent ie let them all out on the road and even then the main claims would be for damage to people and property.

Animals and the damage/injuries they cause are held to strict liability of their owners. If your animals (except your cat, no liability there!) causes damage you are responsible. You do not have to be negligent and there is no defence usually. Of course there is nothing to stop you, in the case of a livery yard doing something stupid suing them in turn to recover your losses but it would be scarily expensive and I'm not sure that you would succeed easily as negligence is hard to prove in circumstances like these.

Horses injuring other horses, well then I would expect to claim on the vets fees cover on the horses insurance. I've never heard - but happy to be corrected - of anybody managing to force another owner to pay for the damage their horse has done to a fellow liveries. Think of all the rows on your average yard every winter about rug wreckers!

Any YO that doesn't have suitable business insurance along with the paperwork like risk assessments to keep it in force is an idiot. Sorry if that offends but it is part of the price of running a business. Apart from the fact that could lose everything by being made bankrupt if they were sued, they are actually risking jail time if/when someone gets injured as the Health and Safety Executive can and does prosecute unsafe workplaces. HSE are up there with the taxman as someone that a business owner doesn't want to get involved with...
 
In the event of an accident nobody would be liable, it would be down to the injured party to try and claim negligence rather than an automatic liability being in place, because horses are by nature unpredictable negligence is hard to prove in the type of situation you describe, one horse kicking another and causing damage is usually put down to horses being horses and the owner of the injured one will end up footing the bill it is very rare that the insurance company covering the horse that caused the damage will payout.

More of a problem is the potential injury to a third party not involved in the yard, a driver who gets injured if a loose horse runs onto the road or a walker on a footpath that gets kicked, this is what your third party cover is really for.
 
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