Hard Hats - The Occupiers Liability Act

PeterNatt

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HARD HATS - THE OCCUPIERS LIABILITY ACT
Any yard owner (commercial or private) that allows clients, visitors or staff to ride, lunge, load or excercise horses on their premises or also off their premises while in their employment without wearing a hard hat is asking for trouble. They should have a written policy/contract which obliges anyone carring out these activities to wear an appproved standard hard hat and be seen to be enforcing it as otherwise they could be open to a massive financial claim if an accident occured.

Under the occupiers liability act 1957 this imposes a common duty of care on an occupier of premises to ensure that visitors will be reasonably safe in using pemises for the purposes for which he or she is invited.
"Accordingly the law obliges you not only to avoid creating a danger to yourself, but to take reasonable steps to protect your visitors from dangers you did not create"

Carry out a documented risk assessment and carefully plan what you need to do to make your premises as safe as possible.

A riding school/livery yard owner will NOT be absolved of their duty even if a client/visitor/member of staff chooses not to wear an approved hat.

It is therefore essential that riding schools and livery yards inlude a clause in their contract with clients/visitors and staff that obliges them to wear an approved riding hat while on their premises or if in their employment off their premises while riding, lunging, excercising and loading horses related to their employment.
 
Thanks Peter - very interesting. There is a DIY livery yard near me, I have seen riders from there riding out without hats, so this would mean that the owner of the yard (who is a farmer who has diversified) could be held responsible if one of them had an accident? I bet there are a lot of YOs who don't realise this.
 
shoiuld be put into a livery contract - along with other supidity stuff that I regularly see - like riding in trainers, riding in shorts, lunging/handling horse in flip-flops, not jumping or XC if on yard unless another adult present on yard or not jumping if first aider not present on yard

nice one to point out Peter
 
O for gawds sake. Whilst I think hats should be worn and I would never ride myself without one, it is an individual choice. All the above does is encourage the blame and claim culture we seem to be embacing in this country.
 
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shoiuld be put into a livery contract - along with other supidity stuff that I regularly see - like riding in trainers, riding in shorts, lunging/handling horse in flip-flops, not jumping or XC if on yard unless another adult present on yard or not jumping if first aider not present on yard


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I do all of those things, and I would not be on a yard where they forced me to sign a contract saying I wouldn't do them! My horse, my life, my choice!

If I had an accident I would not blame the YO in any way (I fell off her horse and broke my leg last year, still didn't blame her!), so I really don't see the issue
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I have a clause in my livery contract (one which everyone here signs) which says that hard hats are recommended however if the rider chooses not to wear one then it is their risk and my farm cannot be held liable for any injuries incurred as a result of not wearing one.

About half of my owners wear hats and the other half don't.
 
I just don't get how it could ever be your fault if one of your boarders fell off and split their head open (due to not wearing a hat)
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. It seems so many people have to have someone to blame
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Me neither. My insurance does not stipulate this as it is not usual for most people around here to wear hats - most ride hatless. I just have it in my own contract which the insurance company has approved. Thankfully Canada is not really into "blame culture" yet.
 
Whatever one thinks this law puts the ownus on the riding school/livery yard to ensure that riders wear approved riding hats while on their premises. If riders chhose not to wear them then the school/livery yard could still face the serious financial consequences of failing to ensure that they do wear them.

In other words if you have a livery who refuses to wear an approved hat while on the yards premises then your safest option to safeguard your interests is to ask them not to ride on your premises.


What liveries do off the yard is beyond the yards responsibility (unless they are employed or working for them or one of their liveries).
 
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