Dog owner being sued for £5m after rider was thrown from horse

[Moobli]

It sounds like an unfortunate incident that could have been prevented if all parties had used a little common sense. Dog owner should have put his dog on a lead until the horses had moved away, the ride leader should have observed loose dog and not led a canter until there was sufficient distance between them and the loose dog, or dog was on a lead. I don’t agree with suing either the dog owner or the stables as riding horses carries a substantial risk that most who climb aboard are well aware of. The outcome of the case will be interesting.

 

[AmyMay]

Yes, as it will be the horses, not the dogs, that are banned from the beach.

Oh I feel sure that it would be dogs that would be banned. There’s massive opposition to dogs on beaches generally.

 

[Spiritedly]

It's hard to tell from the article if they actually cantered near the dog and owner. The fact it says they spotted the loose dog and that 'as they started their second canter the dog ran at them from behind' could mean they slowed to walk until passed the dog before taking up canter again and being chased and the fact the injured riders horse was stationary when the dog ran under means they must have then halted?

I am lucky enough to have a beach within hacking distance and always make a point of walking passed people on foot and dogs and if I see a loose dog I stop and ask the owners to call the dog to them but I have still had dogs chase after me....one chased after me four times and the owners still didn't put it on the lead each time they collected it!

As riders we have to accept we participate in a dangerous sport and accidents can happen and we should do what we can to minimise the risk but part of me hopes the rider wins his case as a warning to other dog owners that they could be prosecuted if their dog causes injury to a horse rider.

 

[The Fuzzy Furry]

I don't expect dogs to be put on a leash around horses

I do.

Where I ride daily has codes of conduct for all users.
The bare essentials are for riders to walk past other users,
Dog walkers to put dogs on leads when meeting horses, cyclists and runners, also on leads in the ground nesting areas
Runners and cyclists to slow down to a walk speed past horses and dogs
Plus a few more minor things ref dog poo, parking, fires etc

it works on the whole, that is till fido's mummy calls out that he is fine with horses and then he nips round to bite a rear leg or chases from a distance..... and he has never done that before.....

On the main car parks it has on the notice boards the act about dogs out of control in public places. Then mentions that a dog is not under full control unless it is on a lead.

 

[dreamcometrue]

My pony did kick a dog. It was a border collie off lead. I knew what was going to happen because it approached us on the bridleway in a stalking position, eyes fixed and head low. I turned my pony to face the wall so she wouldn’t bolt as the only direction was towards a main road. The dog arrived and went for her. Snapping and biting round her legs and belly. She was so good and patient even though she was petrified. Then it stated swinging on her tail and she had enough. She booted it and it flew! In an arc and landed 10 feet away in the centre of a very large puddle. It was still and crumpled, either dead or out cold.
I was horrified and got off and the owner and I lifted it out of the puddle and got it standing albeit wrecked. Head down wobbly and just not right. I told him to take it to a vet but he said it wasn’t his, he was walking it for a friend !! He said he’d carry on with his walk as he had two other border collies with him on leads.

Whenever I see an off lead dog with a dithering owner I tell them
loudly to keep their dog away as she might kick it and it might get badly injured/die!

I reported this on the BHS website along with other incidents that have happened.

 

[ycbm]

I hope he wins. It will make life safer around dogs wherever they are. I've been chased along the road by an out of control working border collie out with a shepherd, it's no joke.

I have no objection to dogs off lead, only dogs out of control.
.

 

[SEL]

I think the stables closed down last year as a result of covid if I've picked up the right ones from the article.

Their barrister is saying the horses were all used to dogs and the rider knew the risks associated with riding a horse

I'm not sure the dog owners defence of 'my dog is allowed off a lead there' over rides the need to have it under control

 

[Flyermc]

The fault lies with the riding stables, they should have had a sufficient risk assessment that included reasonable foreseeable risk, which n this case should have included the risk of loose dogs on the beach.

The group should not have cantered so close to an off the lead dog. The lead rider should have asked the owner to place the dog on a lead or should have halted the ride until it was sufficiently further away.

the owner of the dog, should have had more control, however that doesnt appear to be a requirement on that beach (unless there is a sign stating this?)

 

[asmp]

My pony did kick a dog. It was a border collie off lead. I knew what was going to happen because it approached us on the bridleway in a stalking position, eyes fixed and head low. I turned my pony to face the wall so she wouldn’t bolt as the only direction was towards a main road. The dog arrived and went for her. Snapping and biting round her legs and belly. She was so good and patient even though she was petrified. Then it stated swinging on her tail and she had enough. She booted it and it flew! In an arc and landed 10 feet away in the centre of a very large puddle. It was still and crumpled, either dead or out cold.
I was horrified and got off and the owner and I lifted it out of the puddle and got it standing albeit wrecked. Head down wobbly and just not right. I told him to take it to a vet but he said it wasn’t his, he was walking it for a friend !! He said he’d carry on with his walk as he had two other border collies with him on leads.

Whenever I see an off lead dog with a dithering owner I tell them
loudly to keep their dog away as she might kick it and it might get badly injured/die!

I reported this on the BHS website along with other incidents that have happened.

I know my horse would kick a dog if it too close so I would also shout at an owner to keep their dog away or risk injury.

 

[SaddlePsych'D]

The fault lies with the riding stables, they should have had a sufficient risk assessment that included reasonable foreseeable risk, which n this case should have included the risk of loose dogs on the beach.

The group should not have cantered so close to an off the lead dog. The lead rider should have asked the owner to place the dog on a lead or should have halted the ride until it was sufficiently further away.

the owner of the dog, should have had more control, however that doesnt appear to be a requirement on that beach (unless there is a sign stating this?)

Dogs should always be under control in public. Being allowed off lead in certain spaces doesn't negate that and I think dog owners need a wake up call to this.

 

[ycbm]

the owner of the dog, should have had more control, however that doesnt appear to be a requirement on that beach (unless there is a sign stating this?)

There is ALWAYS a requirement for dogs to be under control in English law, no matter where the dog is, even in a private garden.

If the dog had killed a child would that have been all right on that beach?

No, of course not. The law requires owners to be in control of their dogs.
.

 

[Ambers Echo]

The fault lies with the riding stables, they should have had a sufficient risk assessment that included reasonable foreseeable risk, which n this case should have included the risk of loose dogs on the beach.

The group should not have cantered so close to an off the lead dog. The lead rider should have asked the owner to place the dog on a lead or should have halted the ride until it was sufficiently further away.

the owner of the dog, should have had more control, however that doesnt appear to be a requirement on that beach (unless there is a sign stating this?)

The triumph of bits of paper and notices over common sense and courtesy? So a dog can be out of contol and chasing horses because there was no signs saying 'dogs must be on leads'. I LOATHE sign-culture. The idea that because poeople are idiots, everyone has to obey a much stricter rule and the beach vibe has to be ruined by signs everywhere.

Then the H&S culture: we do not know the ins and outs of the incident but having a written risk assessment (which I am sure they DID have) does not proect you from the actions of idiots unless the risk assesmsent is so restrictive thsat nothing is ever permitted anhymore.

 

[SaddlePsych'D]

There are signs for some of our local spaces saying on lead only for the summer for the ground nesting birds. I got all excited as our walks are on lead only anyway and thought we'd have a haven for not getting unwanted attention from other dogs. I was very wrong!

 

[SilverLinings]

The explosion in novice dog owners really does seem to have resulted in a massive increase in out of control dogs in public spaces, causing problems with riders, other walkers, traffic and cyclists as well as other (under control) dogs. There appears to be a large number of dog owners who are unaware of their legal responsibilities, and many seem to think that their dog's (or child's!) behaviour is nothing to do with them. More than once in the last few years I have had another dog owner (with an unruly dog in tow) ask me how I managed to buy a 'well behaved one'- it didn't occur to them that it was a result of hard work spent training.

I think it is really sad how many people don't seem to care about their dogs- letting your dog be kicked by a horse to 'teach him a lesson' rather than the owner putting an effort into some training is awful. Ditto people who let their dogs wander around near roads (or put them on the traffic side on a flexi lead when walking at the side of a road) or cycle paths, or allow them to initiate fights with other dogs.

I think bringing back the dog license with a requirement to have the license number on the collar might increase the possibility of identifying the owners of dogs behaving badly, and hopefully the cost and effort might deter some of the impulse purchasing of puppies.

The general antisocial behaviour combined with the tragic stories of dog attacks on children recently means that I think we really need a national public information campaign highlighting the legal requirement for dog owners to keep their dogs under control. It should feature a variety of scenarios and explain clearly what 'under control' means (i.e. if your dog has no recall then it should always be on a lead in public/open spaces). It should also point out the legal (fines, being sued) and material consequences (i.e. dog can be killed when kicked by a horse, destroyed if worrying stock, etc) of not doing so.

 

[scruffyponies]

The scruffies are beyond dog-tolerant. They're fantastic. However I can tell you from 400yds whether a dog owner 1)has no need to put the dog on the lead or 2)isn't going to bother trying.
These are 2 very different types of owner, and the second type are a nightmare.
The 2nd type are the ones who seem to think riders are in the wrong for even being there, and are frequently abusive even if we say nothing about the dog under our legs, whereas the 1st type, with dog immediateliy recalled and sitting nicely on command, will never take their eye off their obedient mut as they say good morning, just in case it chooses today to disobey for the first time.

Typical dog 1) spaniel or labrador (working breed). Typical dog 2) shitsu or similar twat-y-poo.
There is a third type. Owner is similar to 1, but in posession of a terrier, which is immediately wrestled to the floor and put on a lead, or placed in a secure head-lock at chest height. Owner nevertheless looks nervous and apologetic

 

[sasquatch]

Even if the dog was allowed to be off-leash, the dog should still be under control and if you can’t call your dog to you and it comes back instantly it shouldn’t be off the lead anywhere other than a dog park or your own property.

Removing the horses from the scenario, if a child is playing and a dog runs up on a beach and attacks the dogs owner is at fault, not the child. If a dog chases, attacks and harms another dog, the owner is at fault.

The horse was apparently stood still, so it sounds as if they spotted the dog, went past, had a second canter, saw the dog approaching and stopped and the dog still attacked. Whilst horses can buck and be unpredictable, if the dog had been under control on or off lead, it wouldn’t have chased and attacked the horse.

It doesn’t matter the age and the breed of the dog, because had the dog been under control the incident would never have happened and the rider wouldn’t have received life changing injuries. The fact it was apparently an old and slow Westie makes me think the horses probably were stopped for it to have been able to catch up to the horses

I don’t think the sum is that unreasonable if you consider things like loss of earnings, home modifications, vehicle modifications etc.

I don’t think this was the fault of the riding school, and most riding schools do expect you to sign a waiver accepting horse riding is a risk sport.

I’ve had to deal with dogs on the beach, one owner had no recall over his puppy and it came running to my horse (I was dismounted at the time anyway) and was under him and put his paws on his chest. He’s lucky my horse didn’t mind dogs, but what if the dog had come running and chasing a child instead with no recall?

Whenever I’ve been hacking, most dog owners will hold their dogs or put them back on leash until I’ve passed them, or I’ll find a place to stand in so they can pass safely. I’ve had a few people who’ve been a little bit slow to realise they need to make sure they have control of their dog, but thankfully no accidents or incidents.

 

[NightStock]

I used to ride on a beach almost daily, dogs haring over was a common occurance and sometimes dogs can come running over from quite a distance away. My procedure was always the same, come to a halt and face the dog, then wait for the owner to catch up, while dog barked and circled, my horse was excellent.

If an owner didn't come over (sometimes they would just sit there) I would ride out to sea, that generally got their attention, or if the dog was just excited (not attacking) I would ride on and take the dog with me, again suddenly owner is interested.

The only occasion my horse did get attacked was by a dachshund, it was with two big dogs who barked but didn't approach, I did my usual but the sausage dog kept coming and actually attached itself to her leg. She did everything she could to get it off but wouldn't kick out, bless her. (it almost certainly would have died) We managed to get it off, I would have moved off at speed away before it got close but couldn't due to not wanting the big dogs to chase!

With this case, it's not clear how soon after the 2nd canter the dog approached but it does sound like they could have delayed that canter, although possible they just didn't spot it? The dog owner should have put it on the lead if unsure but from my experience, dog owners always think they have more time than they do!

 

[Ambers Echo]

My dog is one of those breeds: labradoodle. But she is super obedient. She is rarely on a lead but I never assume she’ll behave so she is put in the down position whenever a horse, bike or on-lead dog is approaching and stays there till she’s released. Here she is waiting patiently while i lunge Lottie. She’s loose but she won’t move till she’s allowed. But id still not risk it with some else’s horse.

 

[laura_nash]

I used to work at Nolton years ago. Loose dogs were always being a problem even then.

We had a court case whilst I was there. I can't remember all the details but I think the walkers accused the owner of assault after their dog chased him and got him thrown, he sued them for vets costs as the youngster he was riding jumped a gate and galloped home, thankfully no serious injuries and that was different as happened on land the stables owned.

Most of the trekking ponies coped well with dogs, but they also bred IDxTB SJers and experienced riders would sometimes get to ride either the youngsters or barren mares, so he may have been on one of them.

 

[Pearlsasinger]

Would a dog owner even have insurance to cover this sort of claim?

Many do, we don't insure for vet bills but we do have PL insurance through Dogs Trust. Regardless, the lack of insurance doesn't mean that you can't be sued, just that you are liable to find the money if the court finds against you.

 

[ester]

The most frequent cry heard on the beach was ‘it’s a rescue, we’ve not had it long’….

 

[Shilasdair]

I hope the rider wins.
I'm totally sick of entitled dog owners who think their dog can chase sheep, aggress at people and other dogs, bark and chase horses.
I've never quite forgotten meeting a lady walking two labs loose on a footpath who shouted at me 'Watch out - they bite!' If your dog has less than 100% perfect recall, or might be a danger to people or animals, keep it on a lead.

ETA: And I speak as someone who is VERY fond of my Stepdog...but not at the expense of other people.

 

[SEL]

The most frequent cry heard on the beach was ‘it’s a rescue, we’ve not had it long’….

And it doesn't even occur to them that's a great reason for keeping it on a lead ? We had a few run off during lockdown and the "lost dog" posters were nearly all new to the area who had been let off the lead in open fields.

 

[oldie48]

As a dog and a horse owner, I've tried to see it from both points of view. I always put my dog on a lead around horses but I take him on beaches quite frequently and if the wind is blowing in the wrong direction, I'm not confident he'd come back if called as he wouldn't hear me. Just a thought though. I got bucked off a hired horse hacking across Exmoor. I'd ridden him several times before and he was a safe forward responsive ride called Thruster, name gives you a clue of what he'd done in a previous life. We were on a day ride, just four of us and I was last cantering along a track, walkers suddenly appeared from nowhere and I pulled him up, the other three horses also pulled up but were some several metres a head of me. He bucked me off because that was where he was used to cantering, I'd stopped him and he was used to being with the other horses. These horses enjoy a good canter in a group, it gets their blood up! Luckily I was sore but otherwise OK. tbh I doubt he'd have turned a hair at a dog chasing him or getting under his feet. I've only read the fairly brief account but my understanding is that the rest of the ride continued on their second canter and I would imagine loose dogs are a pretty common occurrence on beach rides, my money would be on the horse got upset because he was separated from his pals and denied his usual blast on the beach.

 

[Burnerbee]

If we see a horse we put our dog on her lead and wait until the horse has disappeared before letting her off again.

But in this situation, well I call that very bad luck indeed, but can’t see anyone is at fault.

 

[Boulty]

Will be interesting to see what the outcome is. Personally I wouldn't do fast work near an off lead dog even if that dog was to heel & totally listening to their owner. It's a lot to ask of a non professionally trained dog to ignore a large, exciting flight animal departing at speed! I consider it good manners to have your dog under control around horses & if said dog finds horses very exciting it really should be on lead. I don't mind passing off lead dogs at walk if they clearly find the horse utterly boring & are totally ignoring it's existence or are at heel / sit / down close to their owner. I don't mind being barked / growled at by on lead dogs as long as the owner is trying.

I absolutely would not trust my dog off lead around horses (apart from possibly my own as he sometimes seems to think he is part dog) as his desire to chase everything that moves fast is too strong. He has never shown a desire to chase a horse but then he's not been given the opportunity.

Fuzzball is very dog savvy & very tolerant of excited, silly dogs although he's also very capable of telling the farm collies off if they start getting too daft (think head flinging & sort of Spanish walk) so get the feeling anything agressive may risk being flattened (kicking isn't his style but bulldozing absolutely is!)

 

[scruffyponies]

Oldie48 makes a good point. Even quiet ponies can be provoked into quite some theatrics when held back from a group gallop. Very possible an experienced rider would have tried to hold the horse in the presence of a loose dog.

 

[AmyMay]

the owner of the dog, should have had more control, however that doesnt appear to be a requirement on that beach (unless there is a sign stating this?)

Do you really need a sign reminding you of the law? @Flyermc

 

[teapot]

The fault lies with the riding stables, they should have had a sufficient risk assessment that included reasonable foreseeable risk, which n this case should have included the risk of loose dogs on the beach.

The group should not have cantered so close to an off the lead dog. The lead rider should have asked the owner to place the dog on a lead or should have halted the ride until it was sufficiently further away.

the owner of the dog, should have had more control, however that doesnt appear to be a requirement on that beach (unless there is a sign stating this?)

Really?!

 

[Cloball]

And it doesn't even occur to them that's a great reason for keeping it on a lead ? We had a few run off during lockdown and the "lost dog" posters were nearly all new to the area who had been let off the lead in open fields.

I 'wrestled' a chihuahua to rescue it from being run over as the walker (not owner) thought it was a good idea to let it off to lead to 'play' on a beach with a lot going on that has a busy road running along it. The poor thing got overwhelmed had no recall and was playing chicken with cars. It baffles me that people seem to think it's their dogs right to be off the lead to 'play' regardless of its own safety. I'm sure these people love their fur babies but have no ability to risk assess a situation. (Or don't wish to actually engage with the dog and want someone else to tire it out for them). I do not understand why people don't just put them on leads!?

Do you really need a sign reminding you of the law? @Flyermc

Maybe? I'm convinced by the way people drive few people actually understand a lot of the laws which effect them daily.