Do you think I have a legal case?

Pregnant or not, my answer would be the same. Hope you make a good recovery. I am assuming you have professional insurance in place and that you may be able to claim some help from them, but I can't see how you can sue the owner.
 
i think you have to take a step back and stop think about sueing someone
you really need to consentrate on your baby considering you put your babys life in danger
sorry but i think it was stupid of you to even think about getting on a horse that you dont even now risking your baby life whether on not you are pregnant i dont think you stand a chance in sueing anybody
 
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As I have added to my posts, this isn't about the fact that I got on a horse while pregnant & I wonder if I would have got a different reaction from some of the other posters if I had ommitted the fact that I am pregnant.

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not from me....
 
Thanks to all those who have made constructive comments. [ QUOTE ]


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Oh so for constructive read ' agree with me '.
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The owner may have assured you the horse was safe but even bombproof cobs aren't machines. Sometimes horses spook, that's a fact of horses and I am amazed that you took the risk of getting on someone else's horse, that you have never even met before let alone ridden, while heavily pregnant.

I really don't think you have a case, sorry.
 
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As I have added to my posts, this isn't about the fact that I got on a horse while pregnant

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But it clearly is - as in your OP you mention how you stressed to the vendor that you were pregnant and could she assure you the horse was safe.
 
I'm sorry to hear of your accident and your fractured hip.

That said, I also hate the blame and sue culture. No-one made you try the horse, it is a risk you take when sitting on any horse, never mind a strange one. Horses spook. Trying to prove the horse had a history of spooking and causing people to fall off would be very difficult. Perhaps she is insured, and you could claim off her insurers but then all our premiums would go up and trying horses before you buy them might become an impossibility, as is finding a riding school.

I'm also a lawyer, but I would'nt accept your case on princple ie my principles. I think most lawyers would only accept it if the seller had insurance and even then, you're not going to get rich. There are standard amounts for certain injuries,often not as high as you would think, (e.g. around £3000 is pretty standard up here for a broken arm with no complications, don't know off hand what a hip would be) and you sound as if you will recover.

Were YOU insured and can you not claim off your own insurance? Or would you not be covered for riding an unknown horse while pregnant?
 
QR,

IMO you are sitting in pain in a hospital feeling sorry for your self and egged on by other parties looking for someone to blame.

Horse riding is a high risk sport and you need to accept that accidents happen. Your "looking to blame attitude" will soon have sellers requiring potential buyers to sign disclaimers. It is unfortunate that the horse reacted as it did but no horse is ever bombproof, it is also unfortunate that you fell off, it is also unfortunate that you broke your hip..... but you chose to get on an unknown horse that was for sale and it really is a Caveat Emptor situation.

 
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My issue is with how the horse was advertised and described over the phone when safety and reliablity of the horses behaviour were stated as being the prime concern as this horse was intended for a novice rider.

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Yes but ANY horse can spook and become upset.
Maybe it was mis discribed but you didnt buy it, so you have no legal route there.
It clearly WASNT doped or it wouldnt have done it - so again nothing there.

Sadly for you, you got on it and accepted the risk the minute your bum hit the saddle.
 
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First off...ouch
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That must have been very scary and painful. I hope you heal quickly and that baby is ok...

What did the woman say when you came off...did she say the horse had never done this before or did she act like it was normal?
I would have been VERY annoyed. This horse is advertised for novices and it BOLTED across the school. What if it had been ok for you and you had put the novice on, then it did what it did?!
I understand horses do spook but very few bolt especially in a school...that is a serious issue
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Having said that, I'm not sure there is a hell of a lot you can do about it. You did take the risk of getting on an unknown horse cos that is what it is no matter what anyone tells you about it...
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(((((((((VIBES))))))))))) for a speedy recovery

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Thanks honeypots, you are seeing it the same way I do! The pregnancy is just an added complication and I only mentioned it in my original post to show how much I stressed the importance of the horse being a quiet ride! The way the owner reacted AFTER the accident suggested that it wasn't the first time the horse had done strange things and that this wasn't particualarly out of character. What does concern me is the way some people are so happy to lie through their back teeth to get shot of a horse which quite frankly has major issues by passing their problem horse on to what would have been novice rider who may not have picked up the issues before buying a dangerous ride. Yes, horses do sometimes do weird and wonderful things but how many 'safe, novice' rides unexpectedly bolt without warning in a sand school where it is used to being ridden? Not my definition of suitable for novice rider unless they want to die lol! Going by some of the comments other posters have put on here perhaps we should never, ever get on a strange horse we don't know without being wrapped up in cotton wool from top to toe & taking out life insurance. Sorry but if the horse was as described this wouldn't have happened.
 
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What does concern me is the way some people are so happy to lie through their back teeth to get shot of a horse which quite frankly has major issues

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Where is your evidence of this in relation to this horse?
 
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The point of my post isn't that I came off while pregnant - obviously it is my own choice to ride while pregnant and I accept that people have many different views re riding during pregnancy. The issue is that I stressed to the owner that I was only willing to get on bored a strange horse if she would assure me that it wouldn't do anything stupid! I really dread to think what would have happened if a nervous novice had got on this as I suspect they would have be in a far worse way than I am.

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Taking your pregnancy out of the equation then - you don't have a case. No one can 'assure' that any horse won't do anything stupid. Horse's are inherantly unpredictable and even the quietest ones react unexpectedly. Riding is a risk sport. This may have been a freak accident, or the owner may have been hiding something, but legally you will never be able to prove either way. You watched the owner ride and were satisfied with what you saw. It was then either bad luck or bad judgement that you ended up having an accident. (I don't necessarily agree that a novice would have been worse off - you would both have ended up falling off - perhaps a novice would have slipped off at the first spook and avoided injury! Sorry, a bit beside the point).

I don't blame you for feeling cross if your think the owner was lying to you, but this wouldn't stand up in court.
 
sorry, but getting on a strange horse, and accepting the risk that comes with riding and then trying to sue?!

Leaving aside the pregnancy, as that is your choice, you wouldn't have a leg to stand on in court as horses are unpredictable - the horse could normally be a saint but could have been stung, it could have heard something you didnt etc.

I too hate this blame culture and trying to sue everyone.

I hope you heal quickly and are not too sore! the fall feels very sore
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Sorry but if the horse was as described this wouldn't have happened.

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You cannot know that for sure & you cannot prove it anyway. Horses are not machines.

You fell off. Hazard of the situation which YOU put yourself in by getting on an unknown horse. Get better & forget it.

We should not all wrap ourselves in cotton wool, but if everyone who ever fell off made a claim then it would be a sad day for the horse world.

Buyers like this make me nervous of selling, because although I advertise them as they are I cannot say that on teh day they are going to be saints. They are horses.
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How on earth would you go about proving the horse isn't normally safe and sensible? Or has "major issues"? It spooked and couldn't really have done much of a bolt, since it was in a school. In other words, it saw or heard something that alarmed it and did what horse's natural instinct is to do, get away from the perceived danger. Doesn't mean to say that horse isn't a quiet and sensible ride most of the time. We all know days when our normally sensible horses take issue with something invisible in the hedge on the other side of the school, and spook, and whip round. Some of these can be quite hard to sit on. Doesn't mean to say such a horse is not safe and sensible, just that they are not a machine and are unpredicatable. I don't really think a horse spooking in a school can be described as "doing strange things" or warrant the description of "dangerous".
 
yes, but you specifically asked whether we thought you had a legal case, not whether we agree with what the woman did or did not say before you got on it.
If you had not raised the legal question and just had a rant about sellers who mislead, I think you would have got a much more supportive response.
 
I have owned my horse for over ten years. I have taught people to ride on him, put complete novices on his back and some very experienced riders. I trust him completely. A year ago I was riding in the school and for no apparent reason he spooked massively, bucked and bolted leaving me on the floor unconscious with a cracked rib. He has never done it since either. Sometimes things happen but we can't go around aportioning blame. In a case like this you chose to get on the horse and any unknown horse is an unknown entity regardless of what the owner says. The only person you might have a case against is the friend you were trying the horse for as it could be deemed an employer putting an employee in a dangerous situation. As it seems this was a favour that wouldn't really stand up in court either, sorry.
 
We had an ex-event mare at home (this is going back 15 years), that I used to do dressage with etc , I had a woman come to work for me doing the yard and the horses, she was a college graduate and had ridden a lot.

I wanted to see her ride everything before I left her in charge, so she got on said wonderful,heart of gold mare, viceless, but very forward thinking. She slapped her legs on, grabbed hold of the front end and the mare went straight up!!! I really don't know who was more surprised me or my mare!!!
She had never never never reared before in all the years we had her and I was totally gobsmacked!!!

The moral of this story is pretty obvious, I am so glad OP that your baby is ok, but you are a bloody twit.
 
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It spooked and couldn't really have done much of a bolt, since it was in a school.

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I agree on this point. If the horse had truly bolted, I suspect it would have gone crashing through or jumped the arena fence. Thankfully I've never sat on a true bolter but from talking to others who have, it seems they don't stop for things like fences if they're bolting in sheer terror. It sounds to me like the horse spooked, bucked and buggered off. Mine does this sometimes when he's feeling well, that's just horses, however I would happily put a novice on him. I've had a couple of friends on him who have never sat on a horse before and he was a paragon of virtue because all he has to do is plod around, on a long rein, with nothing being asked of him. When someone gets on who wants some real work, sometimes horses object. I'm wondering if this is what happened today, coupled with the horse being a bit melodramatic about something that had scared it.

I'm sorry you were injured but why would you automatically try to sue? This is why we have such a problem with a blame culture now - everyone wants to blame someone else. Surely you have rider and/or professional insurance that you can claim on? I have rider insurance as part of my policy for my horse which covers me for riding other people's horses (it also covers anyone else riding him with my permission) should I get injured.
 
I got sued and i told the truth the buyer lied but the judge was non horsey and she won. My solicitor, trading standards, told me she didn't have a case. Thats not saying that you should sue it made my life hell for over a year, its a very long story. Put it down to experience otherwise it will eat away at you. And get well soon x
 
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First off...ouch
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That must have been very scary and painful. I hope you heal quickly and that baby is ok...

What did the woman say when you came off...did she say the horse had never done this before or did she act like it was normal?
I would have been VERY annoyed. This horse is advertised for novices and it BOLTED across the school. What if it had been ok for you and you had put the novice on, then it did what it did?!
I understand horses do spook but very few bolt especially in a school...that is a serious issue
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Having said that, I'm not sure there is a hell of a lot you can do about it. You did take the risk of getting on an unknown horse cos that is what it is no matter what anyone tells you about it...
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(((((((((VIBES))))))))))) for a speedy recovery

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I'm sorry but regarding the comment about it bolting. I'd trust my grandma on Hovis, if I advertised him I'd advertise him as safe but can be a bit strong.
That said when a friend got on him she ended up being carted across the scholl at full tilt and being parked into a fence. Had Hovis done that before? No. Has he done it since? No. We will never know if something stung him or she just massively upset him.
Any horse can be unpredictable and getting on an unknown horse pregnant just defies any logic.
As for suing i'd be more concentrating on the life on your unborn baby rather than who you can balme.
 
I feel really sorry for you. My suggestion would be ,if you are a BHS Gold member, to contact them. They will be able to give you the best advice imo.
<<<<<<<<<<<healing vibes for you.>>>>>>>>>>>>>>>
 
Ithurtslots - I'm afraid I do agree with the majority view here. If you were to sue, any defence lawyer would automatically point out 1) it could have been something you did to cause the horse to spook 2) it could easily have been stung by something and acted out of character and 3) anyone who has as much experience as you do would know that this sort of thing can happen! No horse is 100% safe 100% of the time and no one who knows horses would take an assurance from an owner that a horse can be relied on totally. I'm afraid you would have no case and I also agree that, as a matter of principle, it would be wrong of you to pursue it.

I do feel very sorry that you have suffered such injuiries though and that you recover as quickly as possible.
 
I think you just need to realise that every horse can have a bad day, and being pregnant it was up to you whether you wanted to risk going on a totally strange horse.

My horse I'd consider a schoolmaster/novice ride, he has had tiny kids ride him (he is 17.1hh) taught my dad to ride and taken me to levels I never thought I'd get too, but a few months ago I fell off him, he got scared of something (which was out of character) and I was off, doesn't mean I was lying when I said he was a schoolmaster novice rider, he generally is but horses should always be treated as unpredictable.
 
I'm not going to keep beating my head against a brick wall with people who are clearly mising the point. The owner did actually imply AFTER I came off that it wasn't particularly unusual behaviour for the horse but clearly they had ignored the fact that the horse we were looking for needs to be quiet and sensible and suddenly started coming out with all the problems they had had with the horse themselves!!! Yes. a horse can bolt properly in a 20x60 arena if it chooses to - at one point I thought we were going to exit the arena through the school fence. If I felt it was a one off, freak incident I wouldn't be thinking about my legal position but things which were said to both myself and the mother of the girl who the horse was intended for made it obvious that it was not the first occassion this sort of thing had happened. When you ride someone elses horse and something goes wrong, you can usually tell by the owners reaction if it is a genuine 'one-off' incident or not. 99% of the time you can believe the owner that it was a genuine accident. I am only making a fuss at the moment because I believe this incident comes into the 1% of incidents where the owners knew the horse was a headcase before I sat on it! No I wasn't there in a professional context, I was simply there to help a friend as a favour. Nor was there anything obvious to casue the horse to react like this - no bees/wasps, no helicopters/motorbikes,plastic badgs, gust of wind, nothing. If there had been then obviously it would have been a very different situation.
 
You did say that your reason for posting was to see if you had a legal case - I only addressed this! All my points were to indicate why are law suit could fail - it may well be that there was nothing that would have spooked him but my point was that you can't prove that. The owner would have recourse to all sorts of defences which you would be unable to disprove. I completely accept your point that her behaviour indicates this has happened before but you were the one who stressed that your post was about legal implications only!
 
Yes she may have been wrong to advertise it as being safe but no one could prove that the horse wasdn't as everyone knows that occasionally horses spook no matter how safe someone says they are i have been to see 2 that aren't as described and were total nightmares and when you don't know a horse you are putting yourself into enough danger let alone when you are pregnant if there anything that people should learn it is that people lie.
Glad you and baby are ok and hope you have a speedy recovery
 
Sorry but if the horse was as described this wouldn't have happened.


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Interesting comment.

Sorry but that is just total rubbish. Has to OP stopped to consider that maybe it was HER riding style which upset this horse. I know we have all heard the tosh which some sellers spout to try and get a sale but there is no way we should all assume that this horse is a habitual bolter. Ive seen absolute saints buck off riders who are too harsh in the seat, hand or leg and those who sit differently to their usual rider.

Whether the OP was pregnant or not makes no difference to my opinion on this....if you choose to get on ANY horse then you must accept there is an element of risk and unpredictability.
 
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