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

[Fred66]

A person only has to feel threatened (in law) for action to be taken against the owner of a dog deemed to be out of control. Out of control means (basically) not listening to it’s owner or having been trained appropriately to be in public.

But it would have to be what a reasonable person would feel threatened by. So an elderly terrier that is a bit yappy is unlikely to class as dangerously out of control unless it’s actions directly caused the incident. So the case will rest on the evidence relating to the dogs involvement as well the riders actions.
So if the riders had already gone past at a distance but upon return came a lot closer and the dog felt threatened and barked a warning but didn’t give chase then this would not necessarily mean that it was out of control.

 

[ThreeFurs]

Terribly sad. As riders, spinal injury is what we all dread. I feel for all involved. However I am a bit over the owner, quoted in both press stories, saying how 'small, elderly and gentle' his Westie is.

I have two horses and have also consecutively owned both a Westie, and now a Cairn, and the Westie was a nightmare around horses, and thus kept at home or in the ute when I was with mine. He did the classic canine 'fear-aggression' response with them. Westies were bred to pull snapping, snarling badgers out of holes. The pups who were too scared to go in [according to the breed books] were drowned. A few generations of this has resulted in a dog that looks cute, but has a very powerful, hunty 'varminty' instinct.

I often saw this in my late Westie, Harry, running right at something scary, rather than away. Their bark is that of a dog twice their size. My Cairn, Angas, on the other hand is extremely cautious and respectful, both around my own and other horses, ignores them and carries on with his day.

Sounds like the riding school was aware of desensitizing the horses to dogs [latest news article link above] by having them 'loose' around the horses, but I've observed horses are incredibly quick to perceive dogs they know, and whose behavior they can rely on, and strange dogs.

Anyway, FWIW, for an article for 'Horses & People' magazine I researched dog-horse-human interactions in art history going back centuries. Lots of images of dogs chasing bolting horses with terrified riders. Seriously, we ought to be on top of it by now! Risk assessement skills of everyone involved seemed to have gone awry in this sad situtions, and yes, the dog should have been put on a lead, or been under verbal control.

 

[Millionwords]

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

That actually made me howl laughing. I am that third type and my JRTx gets wrestled by the neck to the floor because he simply cannot be trusted to behave the same way twice. Bloody terriers.

 

[Not_so_brave_anymore]

Apologies if this has been said many times already. I'm not sure of the situation in the Netherlands, but I know that in Germany everyone is insured up to the eyeballs with general personal insurance against any sort of accident they might cause. 5M isn't the sort of money that anyone can actually pay, it could only be paid by an insurance company.

FWIW this is exactly why we're all advised to take out 3rd party insurance on dogs and horses alike. Maybe this insurance should be a legal requirement, similar to car insurance?

 

[Tiddlypom]

The place I used to work switched to a form where riders had to tick skills they could do, ranging from basic walk/trot to hacking to jumping to jumping outside an arena etc.

The RS that I go to for 'rusty but previously experienced rider' returner lessons does this. I did additionally ask for a forgiving steady neddy, and I got one!

They also offer 1.5 hour escorted hacks in wtc to the nearby forestry. No client can go on a hack unless they have had an assessment flatwork lesson beforehand, which could be earlier on the same day. It susses out the numptie dreamers. I've yet to go out on one of these hacks, but I do know much of the route they take, and loose dogs could well be encountered.

ETA I did pass my pre hacking assessment, and got practice in riding in 2 point in canter in the arena in prep for hacking.

 

[ILuvCowparsely]

See a horse, put it on a lead. It’s quite simple really.

Quite
Regardless of whether the dog is good recall or good with horses. the rider does not not know this neither does the horse.

 

[chocolategirl]

Haven’t read all the responses, but this is my take. Every time I put my foot in the stirrup and mount up, I wholly accept I am putting my life in danger because I’m dealing with an animal with an extremely strong flight instinct. I’m 57 now and have ridden since the age of 8. My fear has grown, yet I still accept that one day my luck MAY run out, and something catastrophic could happen, but I CHOOSE to mount up anyway. It could be a discarded carrier bag blowing towards me in the breeze, a child flying a kite or model aeroplane in their garden as I ride past, and yes, an overexcited dog with bad recall! There are a thousand situations in which I may find myself with a scared horse. If you can’t accept these potential eventualities, don’t mount up, don’t get behind the wheel, don’t get on that plane etc etc etc?‍ To add, I feel terribly sorry for the chap in this situation, but like me, he knew he was taking a massive risk getting on a horse he didn’t even know, I’ve had mine 12 years and know her like the back of my hand, doesn’t stop me wondering if one day that hack is going to be my last?

 

[ycbm]

Haven’t read all the responses, but this is my take. Every time I put my foot in the stirrup and mount up, I wholly accept I am putting my life in danger because I’m dealing with an animal with an extremely strong flight instinct. I’m 57 now and have ridden since the age of 8. My fear has grown, yet I still accept that one day my luck MAY run out, and something catastrophic could happen, but I CHOOSE to mount up anyway. It could be a discarded carrier bag blowing towards me in the breeze, a child flying a kite or model aeroplane in their garden as I ride past, and yes, an overexcited dog with bad recall! There are a thousand situations in which I may find myself with a scared horse. If you can’t accept these potential eventualities, don’t mount up, don’t get behind the wheel, don’t get on that plane etc etc etc?‍ To add, I feel terribly sorry for the chap in this situation, but like me, he knew he was taking a massive risk getting on a horse he didn’t even know, I’ve had mine 12 years and know her like the back of my hand, doesn’t stop me wondering if one day that hack is going to be my last?

I think plenty of us ride knowingly accepting the risks. I know I do. But if someone breaks the law and causes harm, the person harmed has a right to compensation for their injuries.

Your horse might also be hit by a car being driven carelessly while you are out riding. Would you not expect the car driver to compensate you for injuries to you or your horse?
.

 

[criso]

Haven’t read all the responses, but this is my take. Every time I put my foot in the stirrup and mount up, I wholly accept I am putting my life in danger because I’m dealing with an animal with an extremely strong flight instinct. I’m 57 now and have ridden since the age of 8. My fear has grown, yet I still accept that one day my luck MAY run out, and something catastrophic could happen, but I CHOOSE to mount up anyway. It could be a discarded carrier bag blowing towards me in the breeze, a child flying a kite or model aeroplane in their garden as I ride past, and yes, an overexcited dog with bad recall! There are a thousand situations in which I may find myself with a scared horse. If you can’t accept these potential eventualities, don’t mount up, don’t get behind the wheel, don’t get on that plane etc etc etc?‍ To add, I feel terribly sorry for the chap in this situation, but like me, he knew he was taking a massive risk getting on a horse he didn’t even know, I’ve had mine 12 years and know her like the back of my hand, doesn’t stop me wondering if one day that hack is going to be my last?

Even allowing for that, on a practical level, we have someone who has life changing injuries which will cost money to manage and impair their ability to earn for the rest of their life.

Even if the rider has insurance, their insurance company will still try and get the other party's insurance to pay. So the talk is about who is to blame but the subtext is which insurer is going to end out paying 5m.

 

[Smoky 2022]

What you guys don’t realize horses will be banned from beaches because of these types of cases. In Parts of Ireland both dog and horses are banned from the beach for that reason. So this case is going to ruin it for everyone.

 

[Birker2020]

I've mentioned this previously on the forum but years ago (1997 to be precise) my lovely WB Biggles and I were cantering across so public open ground. I spotted a staffy heading towards us so brought Biggles back to walk and then halt. The dog came over and started barking and growling and then kept jumping up and trying to latch on to his throat and then his tail.

I leapt off and stood in front of Biggles and held his reins, he kept moving from side to side in an effort to evade the dog. Eventually after what seemed like hours but was probably a couple of minutes with me asking the dog owner to call his dog off, and him screaming at me to stop my horse from moving so he could grab his dog, the dog ended up tangled between Biggs hind legs. So after what felt like extreme tolerance on the part of my horse up until that point, Biggles finally got fed up and booted the dog. The dog landed a few feet away at first unconcious and then came round with a mouth dripping with blood.

By this time the house owners who back gardens backed onto the waste ground came running out with shovels to bash the dog over the head. The owner scooped his dog off the floor and shouted that he would sue me for vets fees.

Biggles was lucky, he had a small chunk of flesh missing from his flank but other than that was unscathed and after he'd calmed down I was able to ride him home.

I visited the police station later that day and told them what had happened and they said if I were to see the man with the dog again to dial 999 and they would come out and seize the dog. Quite what would happen after that I didn't know, nor care to know. But I think they felt, as I did, that the bloke had got a dog that was out of control in a public place and the dog could have gone for a human or child.

 

[DirectorFury]

What you guys don’t realize horses will be banned from beaches because of these types of cases. In Parts of Ireland both dog and horses are banned from the beach for that reason. So this case is going to ruin it for everyone.

Horses are already banned from a lot of beaches in the UK, some permanently and some temporarily during the summer months -- same for dogs. It'll be a local authority level decision and until someone sues a LA I can't see them taking any action.
In Swansea, for example, dogs aren't allowed on a lot of beaches between 1st May - 30th Sept. Horses are only allowed on these beaches between 7pm and 9am between these dates.

For horse riders, it's in our interests to be good "citizens" (I can't think of the word I want) when we're sharing spaces with others. That might mean not having a canter if the beach is a little busy or if there are loose dogs, and might even mean just turning back and not going on the beach at all if it's really busy. Checking tide times to make sure you've got as much room as possible is the most basic thing you can do, yet so many people don't bother and then get the hump when the only available sand is full of people! On common land this means not galloping through the middle of a herd of sheep, and not galloping towards walkers even if the path is 6ft wide.

I would have thought that from a legal POV it is irrelevant whether the horses were stationary or cantering*, as either way if the dog was under control/on a lead it would have left them alone. Dogs aren't let off after chasing livestock just because the sheep started running so the dog 'couldn't help themselves'. Equally an attack on a child wouldn't be seen to be less of the dogs fault if the child was running away at the time.

I was bitten by a terrier as a child and the police refused to take action because I was running away from it! It was, coincidentally, owned by a police officer and had already bitten other kids in the street as it kept escaping from their garden. No action was ever taken and this was early 2000s so not exactly the dark ages.

 

[Tiddlypom]

What you guys don’t realize horses will be banned from beaches because of these types of cases.

Already been discussed .

So you'd prefer that the guy who got serious life changing injuries in an avoidable incident (if the dog had been under control) didn't sue in case it spoils it for everyone else?

 

[southerncomfort]

It's a moot point with regards to the legal case but I'm curious why, if the horse had not previously reacted badly to loose dogs, it reacted so badly on this occasion.

 

[oldie48]

I obviously feel very sorry for the rider, it must be dreadful for him and I think he should try every avenue he can to get compensation so he can get the care he needs for the rest of his life. However, what is still bugging me is the horse's reaction to the dog. Over the years we've met many loose dogs that have followed us, barked threateningly and generally been a complete nuisance and I've never had a horse bolt or buck. I'm talking about fit competition horses, not RS horses. My biggest fear is that the dog/dogs would get booted. However, I think when you have a large group of inexperienced riders problems can escalate pretty quickly.https://www.westerntelegraph.co.uk/...-injured-and-horse-put-down-after-dog-attack/

 

[Goldenstar]

It's a moot point with regards to the legal case but I'm curious why, if the horse had not previously reacted badly to loose dogs, it reacted so badly on this occasion.

Perhaps it was nipped .
It’s really hard to judge how it will come out because the details of the incident are so important .
The rider will be assumed to have assumed some the risk getting onto the horse he was experienced .
Then it’s down to can he prove negligence I don’t think on the details give he can against the yard .
But I think if I had say based on the details he can against the dog owner .

 

[criso]

No one will know exactly but once the dog was between the back legs of a standing horse, it may have nipped.

My old horse who was really good with animals, reacted on 2 occasions. One was a border collie that was actually nipping his heels, he bounced a little and tried to push it away with his back legs, not fast or hard enough for a kick but was getting more annoyed. If the owner hadn't appeared, it may have escalated. The other was a squirrel that ran out of the crop and started to run up his front leg. He reared and flung the leg out catapulting the squirrel through the air.

This was a horse that was brilliant with anything running around him but actually making contact was a step too far.

 

[Tiddlypom]

Even my saintly IDx was most perturbed when a farm JRT ran out from his non dog proof garden and got in between her legs barking. She froze, which wasn't ideal as we were on a blind bend on the road.

It turned that previously another usually steady pony, used to dogs, had ditched the rider at the same spot after the same had happened to them.

We did have a quiet word with the dog owners, who we knew, and tbf the dog has been kept under control ever since.

 

[Birker2020]

This happens a lot more frequently than you would imagine, lots of horses and riders injured in beach attacks, makes frightening reading


https://www.horseandhound.co.uk/new...-down-pony-in-frightening-beach-attack-741814
https://www.grimsbytelegraph.co.uk/news/grimsby-news/dog-attacks-horse-cleethorpes-beach-2390963

https://www.reddit.com/r/BanPitBulls/comments/pctkjw

https://www.walesonline.co.uk/news/wales-news/eight-riders-injured-horse-put-11755648
https://www.kentonline.co.uk/romney-marsh/news/hunt-for-dog-who-attacked-118397/
https://www.thecourier.co.uk/fp/new...s-after-pony-injured-in-attack-on-fife-beach/
https://www.lowestoftjournal.co.uk/news/dog-bites-horse-on-beach-7625576
https://www.irvinetimes.com/news/15...er-horse-was-attacked-by-dog-on-irvine-beach/

 

[scruffyponies]

IME horses can tell the difference between a dog who means them harm and not. The only time we were genuinely in danger, a young Mallinois came at us off-lead with intent and pony didn't run but kept his heels to the threat, kicking and spinning for all he was worth. We met the same dog 2 years later, and whilst it still barked and growled, it kept a distance, so clearly pony made an impression!

 

[tda]

That actually made me howl laughing. I am that third type and my JRTx gets wrestled by the neck to the floor because he simply cannot be trusted to behave the same way twice. Bloody terriers.

Me too ??
I think the fact that the dog had been called away once, still not put on the lead so was allowed to return to the horses must be a black mark against the owner.
Lots of people think their dogs are harmless which is not true

 

[Pearlsasinger]

I must admit I wouldn’t put mine on a lead but they really are always under 100% control in public.
I hope the rider wins. People need to think and if a financial scare helps wake them up then good.
If my dog caused an RTA I’d be liable (SFAIAA) so this is no different. Either train or leash.
Insurance is often covered by your household insurance.

And don't be complacent because your dog usually comes back! (not saying that's you C)

 

[Clodagh]

And don't be complacent because your dog usually comes back! (not saying that's you C)

Well if spaniel ever goes out in public she’ll be leashed!

 

[stormox]

How would they prove it was the dog made the horse buck the rider off? Beaches have kites, surfers, balls dogs.... if a child had kicked a ball under the horse the same thing could have happened. Surely the riding school is at fault here (if anyone is, I would call it an accident) for allowing a person to ride a horse they couldn't control? A horse rider must be in control of their horse just as a dog owner must be in control of their dog.

 

[milliepops]

a dog being under the horse's feet might be a clue there.

 

[milliepops]

all those other things didn't happen in this case. the rider was sufficiently in control to have done a canter already. what happened was nothing to do with beach balls or kites, and entirely to do with a dog running free outside the control of its owner.

 

[stormox]

The horse wasn't in control of its rider either or they wouldn't have fallen off. Accidents happen, both dogs and horses are animals with minds of their own. This 'suing' culture is getting out of hand.

 

[milliepops]

as someone mentioned upthread, if a car hit a horse and the horse reacted by rearing and the rider fell off, wouldn't you say the car driver was at fault for causing the accident? it's not the rider's fault for minding their own beeswax and getting mown down.

to my mind, the dog owner being out of control of their dog is similar, you can forsee all number of problems with an out of control dog whether that's as simple as it running off, or biting a child, or spooking a horse or just robbing someone's picnic all of those things are the dog owner's fault.

 

[Shilasdair]

In response to SO1 and others who say that riders and horses should be proof against all risks - or it's their fault - complete nonsense.
There is no way to proof your horse against being harassed, threatened or bitten by a strange dog on a beach.
It's the dog owner's responsibility.
No riding school can guarantee a horse's behaviour under all circumstances (hence the BHS mantra of 'horses are unpredictable') and it is unreasonable to expect them to do so.
It's interesting the contortions that dog owners are going through on this thread to avoid any responsibility.

I couldn't guarantee that Stepdog wouldn't chase a horse on a beach despite her being used to horses - therefore if I see any horses, Stepdog is on the leash and moving out of the way. Stepdog doesn't mind- she just enjoys being on the beach with her human and me.

 

[ILuvCowparsely]

Unfortunately it seems more and more of dog owners are also 'simple'.
.

This made me chuckle