Horse injury insurance/liability.

[WillowTree21]

Hi All,

Before I join BHS Gold for advice, does anyone know the legalities when another horse injures your own (at no fault of you or your horse).

Are there any information sites?

Thanks.

 

[Equi]

Depends entirely on the circumstances. Can you give more details?

 

[Pearlsacarolsinger]

If the 2 were in a field grazing as usual and a fight broke out, it's no-one's fault but there are certain circumstances, where one owner or the other, if they were present could be said to be at fault. If the horses have been known tofight before, the YO should have made alternative provision but equally owner could have moved the horse. In general, each owner has to accept responsibility for their own horse's injuries, if there are any.

 

[shortstuff99]

I had a horse jump into my horses field and cost £5k in vet bills after kicking her. Wasn't able to claim anything from the other owner. I couldn't really be bothered either as my insurance covered it.

ETA if you follow Sophie Seymour on facebook she eventually won a very lengthy battle on a horse she had in for training that fatally injured hers while she was riding. It did not sound an easy process.

 

[Tiddlypom]

It very much depends on the circumstances, and whether there was any negligence involved. If it was just an accident, then you are unlikely to get any comeback.

 

[WillowTree21]

Leading my horse through a field with two loose horses, to get to his paddock.

One horse continuously kicking/double barrelling my horse, for no obvious reason.

Which has resulted in injury.

I appreciate people have their opinions & it’s a difficult situation to asses, which is why I was asking if there were any official advice sites etc.

 

[eggs]

Unfortunately normally it is down to bad luck and the reason you have your own horses(s) insured,

 

[Pearlsacarolsinger]

The trouble is that you chose to lead your horse through the field knowing that the other horses were in there. If the other owner was nowhere near, they can't possibly be held liable for your vet bills. You need to speak to the YO about a safe passage across the field.

 

[cbmcts]

Leading my horse through a field with two loose horses, to get to his paddock.

One horse continuously kicking/double barrelling my horse, for no obvious reason.

Which has resulted in injury.

I appreciate people have their opinions & it’s a difficult situation to asses, which is why I was asking if there were any official advice sites etc.

Looking at this in a cold, clinical way it's unlikely that you have any basis to make a claim. This sounds much harsher than it's meant to, sorry.
You, as the owner chose to lead your horse through the field with loose horse. As an owner, you are expected to know that it's a possibility that horses can and do kick each other so if you tried to claim on the kickers insurance the ins co would say that you accepted the risk that horses could act like horses and injure each other and entered the field anyway. You could have mitigated the risk by asking that your route to the paddock was fenced off/the loose horses were caught or removed before you entered the field/not turned your horse out. It's a bit like wanting to claim from a livery yard when your horse hurts itself on barbed wire but as an owner, you accepted that risk when you turned them out in a field that you knew was fenced with barbed...

The only way you might have a claim was - and it would probably would be against the yard, not a fellow livery - would if you had first, notified the YO or they had reason to be aware that the other horse was known to be aggressive (and could prove you had done so) , told them not to turn your horse out via this route and a member of staff did so anyway. That could be considered negligent - maybe.

 

[Christmascinnamoncookie]

As PAS says, you chose to go in the field past the other horse. I spoke to an equine specialist barrister after my accident who said that having made a choice to go in the field, there was no possibility of a claim. (I hadn’t wanted to anyway, but my OH’s old boss/friend was in the business and called in a favour.)

 

[Sossigpoker]

I had a horse jump into my horses field and cost £5k in vet bills after kicking her. Wasn't able to claim anything from the other owner. I couldn't really be bothered either as my insurance covered it.

ETA if you follow Sophie Seymour on facebook she eventually won a very lengthy battle on a horse she had in for training that fatally injured hers while she was riding. It did not sound an easy process.

I hadn't heard the outcome of Sophie's case, was this posted recently?

 

[shortstuff99]

I hadn't heard the outcome of Sophie's case, was this posted recently?

Yes she posted an update as the case had finished.

 

[Sossigpoker]

Yes she posted an update as the case had finished.

Thanks I'll go and have a look. That was awful what the client did to her. I felt so bad for Sophie.

 

[Equi]

As said it’s unlikely you have a claim to make. The yard owner/manager should be made to make some changes though, for both horse and handler safety.

 

[WillowTree21]

Thanks, I did wonder if that may be the case.

 

[Green Bean]

As someone who has experienced the trauma of their horse being injured by another, I would say that in all cases, hindsight is a wonderful thing, only if we act on it. At the end of the day, we cannot predict our horse's actions or those of other horses. The YO has some responsibility but will rarely accept any blame unless it was made absolutely clear that you didn't want a particular horse (or any horse for that matter) near your horse. This includes separation by electric fencing which is not as effective as some owners believe it to be in keeping horses separate.
There is only the option for responsibility if an action was clearly negligent and was facilitated by your clear instructions of care for your horse being overidden by the other party. In your case, having to walk through a field with other horses in it is not ideal, if you haven't discussed an alternative with the YO, there is no claim. If you had requested a resolution and agreed actions needed to be taken, and these weren't in place, you still chose to walk through the field.
Apologies for this, but this is the reality.

 

[Red-1]

I would check with the BHS before joining, I believe you can't join and then ask for advice on something that had already happened before you joined. If they allowed that, not many people would join! A bit like having an injury, then insuring for vets fees, expecting them to pay out.

It is not an inconsiderable sum to join but it would at least then ever you for any future incidents.

Do you perhaps have legal cover in place on your household insurance?

 

[WillowTree21]

I would check with the BHS before joining, I believe you can't join and then ask for advice on something that had already happened before you joined. If they allowed that, not many people would join! A bit like having an injury, then insuring for vets fees, expecting them to pay out.

It is not an inconsiderable sum to join but it would at least then ever you for any future incidents.

Do you perhaps have legal cover in place on your household insurance?

Just FYI a did speak to BHS & they were the ones who said the best thing to do would be join so I could get the legal advice.