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

[ILuvCowparsely]

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.

Are you for real?

Do you know how much power goes through a human body when a horse broncs or bucks?? Take it from me when my boy bronked me off on the concrete and fractured my humerus. Any rider sitting in the saddle holding theirs reins is in control of their horse. Same like a dog on the leash is under the control of the owner. The horse was stationary when the dog ran at the horse barking and ran under the horse.
The owner is trying to weasel out of the responsibility saying

there is no reason to blame his “small, elderly and gentle” Westie for the accident

Who ruddy cares whether the dog was 6 months old or 15 , the outcome was the same.

Dog owner 100% to blame and the responsibility is theirs why this poor riders has to spend the rest of their life in a wheelchair.


Sorry officer

I was not responsible for my dog running out on the road and causing an accident, he is very sweet and old,, the car was coming down the road and hit him its the drivers fault.

 

[milliepops]

Any rider ridding sitting in the saddle holding theirs reins is in control of their horse. Same like a dog on the leash is under the control of the owner. .

yeah this is quite a neat comparison really.

I was wondering if it was my not being a dog owner that was making me feel like the dog owner should take responsibility but seems there are lots of dog folk who see it the same way too. which is reassuring from an "expectations" pov.

the only times i've taken OHs dogs out i kept them on a lead the whole time because i'd be mortified if recall failed and they got away. i hate being approached by strange dogs full stop and so would never want to affect someone else the same way. i speak dog about as well as a horse does so even with the friendly ones I'm not sure i can read them very well, that shouldn't be On Me any more than it should be on a horse.

 

[Annagain]

A couple of weeks ago I was riding my friend's young cob across the local common. We started to canter then spotted some loose dogs fairly close so came back to a walk and then stopped as one of the dogs (some small fluff ball thing) was running towards us. Her owner was chatting to some other people with his back towards us and paying no attention at all.

I shouted "Excuse me" about 3 times and he didn't even turn round - by this point the dog was about 4 feet away and curious, not coming any closer but circling and following if we moved. The boys were fine luckily but it was the first time the youngster had been in this sort of situation and we didn't know that he would be. Eventually bellowing "OI. YOUR DOG" got his attention. He was very apologetic but looked a bit affronted when I said "We just didn't want your dog getting kicked, it would probably kill her. They're normally very good with dogs but if she gets too close or starts yapping, we can't guarantee they won't kick."

 

[CanteringCarrot]

There's actually a few angles that can be taken here:

Dog and dog owner at fault. End of.

The rider was an experienced horseman and therefore is aware of the risks when riding a flight animal such as a horse. These type of injuries are very (unfortunately) possible. I would think that the defense will really play this one up. It's possibly all they've got.

Neither the guide nor the rider said anything to the dog owner first about putting it on a leash. Again, the defense. Not saying I agree!

It's a given when you see another animal, be it dog, horse, deer, cat, etc. you should leash your dog immediately. If your dog has questionable recall, all the more reason to, especially in a public space where there is likely to be other people and animals.

No one gives a fig how old the dog is.

It's frightening for a flight animal especially to have another animal run under them. They cannot see the other animal and will very likely react. The size of the dog in this case is rather irrelevant because it's still a dog, and still able to frighten the horse. The horse doesn't know that it's your sweet little old Westie and to stay calm. ?

It's likely all of those arguments will be used in some compacity by either side. I believe the dog owner had a responsibility to leash the dog, and that the animal was out of control. Even my dog who is cool with horses, has good recall, and will heel on command gets leashed when a horse is within sight. Mostly because there's always that off chance of animals being animals, which is why the dog is fully insured (liability and legal), and why it's generally required here. If my dog runs in the road and gets hit, it's generally the dogs fault and the dog owner pays for damages. Same for horse.

This could get horses and dogs banned from beaches, yes. I think they should be anyway, except for during the off season. Then a leash law applies, and if not followed the dog owner is 100% liable.

 

[honetpot]

I put my dog on the lead as soon as I hear or see a horse, no matter where I am. I just would not want to be responsible, even unintentionally for someone else's in jury. In the same way people riding in shared spaces should be more aware. I was walking my dog, on a bendy footpath, I heard the horse and caught the dogs up and they came cantering around the corner.
If it's you and your dog that is found responsible, your house insurance may cover the legal fees, not sure about anything else. I have so much insurance because I have seen too many equine injuries, falls and kicks, to humans.

 

[MagicMelon]

Frightening how many commenters on this story believed that a dog on a beach has an absolute right to be off-lead and the horse had no right to be there.
We live in a an intolerant and myopic world, full of morons.

Absolutely, crazy! I dont know what the rules are in Wales - are dogs not allowed off the lead anywhere else? In Scotland, dogs can be off lead anywhere but theyre certainly meant to be under control. I would never ever let my dog off lead as her recall is rubbish! I have no issues with loose dogs IF their owners keep them near and they have excellent recall. Otherwise, they should never be off lead IMO. The dog should never have approached the horse, it makes no difference if the dog was in a place where it was "allowed" to be off. What happened if it leapt on a young child hurting it? Of course the dog owner would be at fault. I personally find so many dog owners extremely selfish. We go for walks regularly in local forestry and we're always having loose dogs rushing up to us getting in my dogs face (who is on a lead and can feel threatened understandably after a loose dog went for her years ago!), and getting up in my young kids faces - drives me nuts people think its ok to shout "they're friendly" while a big dog runs at my kids trying to lick their faces. Why would anyone think that was acceptable, dogs can and do kill children so why would I trust you a complete stranger! This is why I cannot go for walks there on my own with my 3 kids and dog - I dont have enough arms to lift up my 2 youngest kids and the dog! Keep your dog away from ANYONE or ANYTHING else!

You cant even train your horse to get used to this situation as all situations involving loose dogs are different. My horse is used to my own dog running about but she'd never go underneath them or growl at them etc. I have no idea how my horses would react in that circumstance.

I hope the man wins his case! He should do!

 

[Fransurrey]

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.

It may well have been in the horse's blind spot and taken it by surprise. This is literally what happened in my scenario the other day, as the dog approached from directly behind. My horse is an absolute saint with dogs, but I'm sure he didn't see the dog on this occasion and just felt something go between his legs/under his tail and bucked.

I had yet another out of control dog yesterday. The owner was in sight lamely shouting the dog's name and as she came closer giggled, 'she never comes back to me'. This was a dog bounding around and barking at both ends of my horse. I did say that she should have her on a lead if she doesn't have recall and there was no response. Can't say she learned anything as when I turned around a few seconds later the dog was still off a lead running ahead of her.

 

[DressageCob]

There is strict liability under the Animals Act 1971. Provided the Claimant can show the dog demonstrated behaviour not normally found in dogs except in certain circumstances (e.g. chasing a prey animal, excited at horses cantering etc) AND that the dog owner was aware of that behaviour he should be home and dry.

the knowledge point is where a lot of cases fail. Here the dog owner is saying the dog hadn't chased horses before. Previous cases have shown general knowledge may suffice, rather than specific knowledge, so knowing that a dog (or even specifically a terrier) may chase other animals may be enough. it depends how the evidence comes out.

It's always better to proceed under the Animals Act since it's strict liability (so you don't have to prove negligence). I don't think any of the defences will apply (injury is the fault of the person who suffered it, or they voluntarily accepted the risk) in the dog owner claim. The voluntarily accepting the risk defence is what often halts riding claims, since you accept a risk of injury every time you ride, except in cases where there was a very specific risk with that particular horse (e.g. horse is a known rearer and you're not told that, so you don't mount with that knowledge).

It's not the first out of control dog/horse riding case, but it is worth a lot of money which is why it's being reported on. It will be interesting to see which way it goes.

 

[Rokele55]

Playing devils advocate here; if a sheep leapt out of the bracken while riding on the common and spooked a horse causing a fall, would the farmer who owned the sheep be liable for the damages? I know farmers can be sued for having unsuitable livestock, such as a bull, on a footpath. Can over excitable sheep on a bridleway be under the same restrictions?

Can the gamekeeper be sued when a pheasant flies out of the hedge and neddy drops a shoulder, whips round and leaves his jockey on the floor?

My dog has been known to pop out of a hedge when out walking which could cause a spook. Would I be liable, even if I was unaware of a horse the other side of the hedge, or should my dog be at my feet on a lead the whole time, just in case.

My ex neighbour once had pigs. Although a small field away from the road she was villified by some whose horsed took umbrage at the smell of pigs and got twitchy. Was the person who fell off and got hurt when their horse spooked going past at fault for coming that way knowing they could not control their horse, or my neighbour who had pigs on her land.

If a horse is hired out as suitable for beach rides where the general public are known to walk their dogs, should it be the owner of the dog who, by these accounts, was just pootling with no intention of frightening the horse. Or the owner of the hired horse who had rented it out not ensuring it was safe for purpose (a pootling dog should not cause an unseating buck in a hired horse). Or could it be the rider of the horse overstated his prowess when booking his ride, as many do. A minefield which may well have ramifications for all who like to get out in the fresh air.

 

[milliepops]

don't think there's usually an expectation for farmers to keep livestock on leads around the public though?

 

[Tiddlypom]

My dog has been known to pop out of a hedge when out walking which could cause a spook. Would I be liable, even if I was unaware of a horse the other side of the hedge, or should my dog be at my feet on a lead the whole time, just in case.

Your dog should be under control at all times, so no popping out of a hedge to unexpectedly encounter members of the public going about their business.

In a more open area, a dog can be further away from you as long as you can recall it instantly if required.

 

[Clodagh]

Playing devils advocate here; if a sheep leapt out of the bracken while riding on the common and spooked a horse causing a fall, would the farmer who owned the sheep be liable for the damages? I know farmers can be sued for having unsuitable livestock, such as a bull, on a footpath. Can over excitable sheep on a bridleway be under the same restrictions?

Can the gamekeeper be sued when a pheasant flies out of the hedge and neddy drops a shoulder, whips round and leaves his jockey on the floor?

My dog has been known to pop out of a hedge when out walking which could cause a spook. Would I be liable, even if I was unaware of a horse the other side of the hedge, or should my dog be at my feet on a lead the whole time, just in case.

Pheasants are wild (in the eyes of the law) so no responsibility there. Would there be if a beater flushed that pheasant as you rode past? IDK.
Sheep I imagine are like cats and do as they like.
My dogs are not allowed out of sight, unless I am working them. I guess if they caused an accident then I may be liable? Maybe.

 

[Peglo]

The point is though that the dog owner took his dog to the beach and knew it was near horses and didn’t control his animal. A farmer isn’t ramming his sheep through a hedge to scare the public.

If a sheep escaped and potentially scared a horse, that’s an accident.
A dog running around under a horse with the owner there is negligence.
very different scenarios.

I also don’t know how people expect a horse not to react to a dog running between their legs. If the horse didn’t know the dog was there and touched the horses legs surely it’s natural the horse would get a fright.
I like going to the beach and going a paddle. Now I know there could be flat fish in the sand but that still doesn’t stop me sh**ting mesell when I stand on one when it swims off. Why would we put blame on anyone for getting a fright? Never mind a flight animal.

 

[SilverLinings]

Dogs aren't wild animals in the UK, and are predators with the capacity to be dangerous (either through intent or neglect of control) so they are required by law to be kept under control. Sheep and pheasants are not (usually ?) predators, and are not legally required to be controlled by their owners in the same way. Plenty of horses have shied when fat pigeons flap noisily out of a tree, but that doesn't mean someone would be liable for their behaviour as there is no law on keeping pigeons under control, unlike the Control of Dogs Act.

From a legal POV (in the UK) it is pointless comparing dogs with any other animal in this type of situation, as dog owners (or walkers/keepers) are liable in a very specific way.

 

[DressageCob]

Playing devils advocate here; if a sheep leapt out of the bracken while riding on the common and spooked a horse causing a fall, would the farmer who owned the sheep be liable for the damages? I know farmers can be sued for having unsuitable livestock, such as a bull, on a footpath. Can over excitable sheep on a bridleway be under the same restrictions?

Can the gamekeeper be sued when a pheasant flies out of the hedge and neddy drops a shoulder, whips round and leaves his jockey on the floor?

My dog has been known to pop out of a hedge when out walking which could cause a spook. Would I be liable, even if I was unaware of a horse the other side of the hedge, or should my dog be at my feet on a lead the whole time, just in case.

My ex neighbour once had pigs. Although a small field away from the road she was villified by some whose horsed took umbrage at the smell of pigs and got twitchy. Was the person who fell off and got hurt when their horse spooked going past at fault for coming that way knowing they could not control their horse, or my neighbour who had pigs on her land.

If a horse is hired out as suitable for beach rides where the general public are known to walk their dogs, should it be the owner of the dog who, by these accounts, was just pootling with no intention of frightening the horse. Or the owner of the hired horse who had rented it out not ensuring it was safe for purpose (a pootling dog should not cause an unseating buck in a hired horse). Or could it be the rider of the horse overstated his prowess when booking his ride, as many do. A minefield which may well have ramifications for all who like to get out in the fresh air.

With the sheep example, there will be circumstances where the farmer is liable. There are many cases relating to cows escaping onto highways and causing accidents, cows trampling people on the footpath etc. It will depend upon what causes the sheep to do what it did. If it is just behaving normally then the farmer is unlikely to be liable under the AA 1971. If it is a killer sheep with a known distaste for horses, then that's different. There may be some argument for saying keeping sheep on a bridleway is negligent, but I think that would be difficult to get a court to accept.

Pigs existing is not grounds for liability. There is a degree of common sense. If I rode my horse past pigs knowing he didn't like pigs then I would be the author of my own misfortune. if I have booked on an escorted ride and am riding a horse provided to me, and that horse has a known fear of pigs and I'm not told about it and we ride past pigs, then the riding stables may be liable.

If your dog pops out of a hedge and you have no idea what is on the other side then you are likely to be found negligent and given your knowledge that your dog does that (and one assumes it's when it's on a scent or following prey) then you are probably strictly liable under the AA 1971 too.

Pheasants in the wild can't be sued ? A beater sending pheasants out while someone is riding past on a known bridleway may be negligent if they knew/ought to have known horses may be passing. It would depend on the circumstances.

 

[Schmendrick]

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!?

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

 

[Rokele55]

Your dog should be under control at all times, so no popping out of a hedge to unexpectedly encounter members of the public going about their business.

A dog running hedges or appearing in gateways can be under complete control and completely within their rights and your sight, particularly working dogs.

 

[criso]

Possibly the other difference is that pheasants and sheep will usually run away from you they may sometimes fly out of a bush spooking your horse but they're not aiming at you. A dog has a chase instinct so is more likely to focus on and go after a horse so the owner has to be aware of this likely behaviour and take measures to make sure this doesn't threaten horses, other dogs, people or livestock.

I would think too if a particular sheep took to running at people on a footpath in a field, it would be moved. Could there potentially be a case if someone was injured walking on a public footpath?

 

[AmyMay]

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.

I think the majority of us would agree with you. But this man sustained life changing injuries (not a simple bash to his pride). I think it’s entirely appropriate to sue for damages in this instance.

 

[Clodagh]

We walk through a field of adult sheep that have been bottle fed and my dogs are scared of them. I’ve never considered suing the farmer, even if I got taken out by an escaping dog.
I’m not sure if it adds anything to the argument though ?

 

[Clodagh]

I think the majority of us would agree with you. But this man sustained life changing injuries (not a simple bash to his pride). I think it’s entirely appropriate to sue for damages in this instance.

And the arrogance of dog owners, sadly. ( is on the rise).

 

[SilverLinings]

And the arrogance of dog owners, sadly. ( is on the rise).

And the ignorance of a lot of them, both in terms of their responsibility to the public and their responsibilities to their dog.

I have been a horse and dog owner for decades, and the number of dogs and the percentage that are poorly behaved has significantly increased in the last few years which I suspect is why more stories are being reported in the press.

 

[SEL]

@Rokele55 dog wasn't pootling though - it was chasing.

I did a weekend away in Wales years ago where I was told to swap horses with the guide at a certain point on the ride. Turned out my horse was terrified of a donkey were we about to pass and for safety reasons the guide led her on foot. But that was a known hazard at a known place. A dog launching itself across the beach at horses is a different scenario.

 

[Sossigpoker]

I think I am hoping that he doesn't win his case. I think that where horses have to share their space with other members of the public, including places where there can be loose dogs. or children, or kite flying or whatever, then the horse owner, the dog owner, the parent and everyone, all need to be responsible for their actions. As a horse rider, I would be wary of going faster than a walk if I was aware of anything that might be a problem, and he was experienced horse rider. I think all involved in the incident share some responsibility for the accident; the dog owner should have had more control over the dog, the riding school could have seen the loose dog as a risk, the rider was apparently an experienced horse rider and could have made some different decisions based on the horse and the situation. I feel very sorry for all involved. Would a dog owner even have insurance to cover this sort of claim?

The dog was out of control and caused the accident, why shouldn't the poor msn win the case? This accident would have been avoided had the dog been under control. It's not one of those freak accidents where a bird takes off from a bush and startles the horse. There was a clear cause to it.
If the dog is insured,.it usually includes a public liability cover.

 

[Arzada]

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

Anyone out in public in a car, on a bike, on a horse, with a dog etc or whose horse, dog etc might unintentionally become loose outside the field/yard/house would be wise to have public liability insurance. TBH I think it's madness not to.

 

[Velcrobum]

And the arrogance of dog owners, sadly. ( is on the rise).

Yes as is demonstrated by this incident which I know is off topic but a good example.
https://www.fwi.co.uk/news/crime/farmer-hit-with-rock-after-dog-walker-objects-to-ploughing

 

[Ambers Echo]

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.

There are bad luck, no- fault accidents and then there are accidents caused by people being irresponsible, self centred or idiotic.

Just because we can’t prevent the former, does not mean we should excuse the latter.

 

[suestowford]

I've done a bit of beach riding and have had many encounters with dogs. Yes, I would usually stop as this person apparently did, but there was one time we all got caught out by a sand-coloured dog. None of us saw that one coming!
When we came back along the dunes above the beach we could see where it had happened. There was a line of lovely straight hoofprints, then a curve, then they straightened out again.
Having seen the results of a dog getting too close (dog covered in blood) I am always surprised when people don't think to keep their dog close around large livestock.

 

[teapot]

For those saying up to ride leader to assess how far away a dog is - that's fine but a dog off a lead can move, and move fast, especially in chase mode? So what was a safe distance becomes a not safe distance in seconds.

 

[SO1]

I didn't say the horses should be bombproof.

I said the ride leader should have identified the loose dog as a hazard. There should have been two guides within the ride especially on a beach which may be busy or have loose dogs. One of ride leaders should have asked the dog owner to put his dog lead before they cantered or waited until they were really really far away. One should never be complacent around loose dogs. I can understand why the client who may be in a desperate situation may have been advised by solicitors to go for both the riding stable and the dog owners. I can also understand the pressure on ride leaders to give clients the experience they want which is lots of cantering on a beach and they might not want to say to clients sorry we are going to have to walk as there are loose dogs that might chase us.

The dog owner should have known if they are an experienced dog owner that dogs can be unpredictable and got his dog on the lead. I think sadly a lot of dog owners do not realise what could happen if their dog approaches a horse because they have no knowledge of horses. I don't know how this would be rectified.

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.