FOF the thread about people suing.. what about child riders??

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CazD

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People down the road from me have asked if their child (boy aged 11) could ride one of our ponies occasionally. The pony in question is an 18 y.o. 13.3 cob and very reliable (although, horses being horses, I wouldnt be prepared to guarantee her LOL). The boy has had a few lessons and is VERY confident, hasn't quite mastered rising trot, although it is coming. He wants to do more though than be led down the road by a handler (and tbh I havent got the time to be doing that anyway). The parents aren't horsey in the slightest and i wouldnt be prepared to hand the pony over to them to take the child out. I suspect the parents want us to take him out, trekking style, so that he follows another rider.
We have three ponies. OH and I could ride one each and let the boy follow on the third pony. It would save me time in that all three ponies would get taken out at once. BUT my major worry is, what if something happened??
As far as insurance is concerned, my only insurance is BHS gold family membership for me and OH.
Would you do it or say no? Would it make any difference if I told them to get accident cover for the child?
 
I think you have to take a real judgement on the parent - I have done this in a similar situation but I knew the parents really well and that they understood the risks. Maybe you've could say 'yes' but either get them to up your insurance or pay for their own?
 
Perhaps get them to sign a disclaimer - understanding that he is riding a horse which you believe to be safe but being an animal with its own mind cannot guarantee nothing could happen. You will do your up most to keep him safe but cannot be held responsible for an accident. It is down the the parents/rider to take out insurance to cover for any accident/injury.

Or something like that - perhaps worth contacting a legal bod.
 
check it out carefully-my understanding of disclaimers in the UK is that they arent worth the paper they are written on and as someone pointed out in the other thread, people are friends until there is money involved. If the child's parents arent horsey the liklihood of them really understanding the risks are slim. Liability is the reason so many riding schools and trekking centres are giving up-too expensive and too much hassle.

sorry to sound so doom and gloom but I won't give friends' kids pony rides for this very reason.
 
I'm sure exclusion clauses and disclaimers aren't valid if injury or death are caused due to negligence. So would depend on whether or not you trusted the parents not to go down that route. If they did, you would have to prove that you did everything a "reasonable man" would do in the situation or not do something the "reasonable man" wouldn't have done. Not sure what the burden of proof is for negligence cases though (haven't done that bit of my revision yet ;))

There seem to be several legal bods on here that will be able to advise better though!

Isn't it sad when you have to put this much thought into whether or not to let a child ride your pony :( Not really keen on this culture of suing for anything and everything! :(
 
Just say no and then all this worrying about liability, disclaimers, insurance etc becomes irrelevant. Disclaimers not worth the paper they're written on. "Very confident" child, but who can't even do rising trot, parents no idea, however well meaning, child wants to go faster and parents don't know how safe is safe. Got accident waiting to happen written all over it. Why make life difficult for yourself? Just say no, or no, sorry, just don't want to take the risk, don't listen to any oh, but please, we'll take responsibility etc. and you've got no further worries or hand wringing over what to do for the best.
 
Katd66 said:
Perhaps get them to sign a disclaimer - understanding that he is riding a horse which you believe to be safe but being an animal with its own mind cannot guarantee nothing could happen. You will do your up most to keep him safe but cannot be held responsible for an accident. It is down the the parents/rider to take out insurance to cover for any accident/injury.
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A disclaimer wouldn't be worth the paper it's written on!

Also, the child having his own insurance wouldn't stop them being able to sue you, if something went wrong.

Personally, I wouldn't do it.
 
I second what cariad and puppy have said. If he can barely do rising trot, then he is not remotely in control. Pony would only need to trip or spook slightly and the child will be sitting on the floor. Joining the local pony club would give the child 3rd party insurance only, so if pony sat on the bonnet of a car, the car is covered, but neither child or pony is so not much use.

They are all extremely confident when they start, because they have never fallen off and hurt themselves!!

Maybe in a year's time when the child can canter a 20m circle without stirrups and stay on board, then they could hack out with you, but absolutely not until then.
 
Llewelyn said:
I second what cariad and puppy have said. If he can barely do rising trot, then he is not remotely in control. Pony would only need to trip or spook slightly and the child will be sitting on the floor. Joining the local pony club would give the child 3rd party insurance only, so if pony sat on the bonnet of a car, the car is covered, but neither child or pony is so not much use.

They are all extremely confident when they start, because they have never fallen off and hurt themselves!!

Maybe in a year's time when the child can canter a 20m circle without stirrups and stay on board, then they could hack out with you, but absolutely not until then.
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I have to agree with this. Just explain to the parents that it's not a riding school pony, and when the child is more experienced you might rethink your decision.
 
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