Legal stance if horse kicks another in a warm up arena

[SpruceRI]

Did you read the question and answer page in this weeks H&H mag?

A horse not usually known to kick, kicked out at a horse that ran into the side of it. That horse broke the 'careering' horses' riders' leg.

The broken legged woman is now suing the other rider.

The Solicitor's response was more or less that it was the broken legged woman's fault so therefore the other rider wouldn't be liable and as the other riders horse was known NOT to be a kicker normally, then this would help her case.


So, what would happen do you think if the horse that kicked out, was known to be a kicker anyway and was trotting around minding his own business, with a red ribbon in his tail, when this other woman careered into him?

My common sense says it would still be the broken-legged woman's fault, but the law doesn't seem to work like that?!!

 

[CrazyMare]

Careering woman wasn't in sufficient control of her animal - her fault to my mind.

 

[not_with_it]

I would have thought it would be the fault of the woman with the broken leg due to the fact she caused the accident and warning was given, however we all know the world doesnt work like this.
From a legal perspective, if it was any other crime it wouldn't even go to court. It would be very difficult to prove that the horse was/wasnt a kicker.

 

[SpruceRI]

That's what I'd have thought - but my horse is a known kicker.

To my mind brought about by 2 particular people running into her and frightening her half to death in a similar incident to the lady in the original article when she was a youngster.

But the comment in this HHO mag article states that if the horse WASN'T known to be a kicker, then it wasn't doing what it normally did. Therefore the broken legged woman would be unlikely to win the case.

I'm just wondering what the outcome would be if it was me and my horse in that situation - with a horse known to kick?

Even with a red ribbon a lot of people ignore it and I end riding with my whip stuck out my side to stop people coming too close

 

[stevieetaylor]

my horse kicked someone in the field - she wasn't known as a kicker but we had only had her 2 weeks. She had turned her gelding ou with all mares (hadn't been with mares for 2 years) and they all went a bit crazy ! she tried to catch my horse (not asked) and got kicked. she went through my insurnace (no probs that was we have it for) the insurnace went crazy trying to find someone to blame (inlcuding the poeple we had brough her from - they said she also wasn't a kicker)

in the end the insurance settled 50% our fault as she was our horse 50% the person fault as she went in the field with the charging horses!

sometime with horses it seem to be always the owners fault like the rider above

 

[freckle]

I was show jumping yesterday when a horse kicked mine in the warm up 6 horses before we were meant to go. The woman was trying to circle but doing such a rubbish job of it her horse's back end swung out and he took a pot shot at my boy. Missed my own leg by inches. Woman on the horse seemed oblivious to what had happened, but her helper shouted out 'It didn't get him!'. The cut on my horse's shoulder proves otherwise. By the time I jumped off to inspect it, they'd vanished. Thankfully he didn't need treatment, but I had to retire from the class.

It dismays me that some people who attend competitions really don't have the ability to ride at that level, especially at affiliated events. It seems to be worse in the showjumping world - eventers seem more polite and give one another space.

I would say in the case outlined above that it was the woman who was out of control who was at fault. The poor horse was only trying to defend itself. Perfectly natural if you ask me. If people can't control their horse, they shouldn't be there in the first place.

Apologies for the rant!

 

[luckyhorseshoe]

ooh that is interesting point. Will be interested to see what others think, mainly coz i have a mare. I wouldn't describe her as a kicker, She has never kicked out at another horse but she does get upset when others get close to her in the warm up arena. She has the whole ear back thing down to a fine art, i'm contemplating the red ribbobn but wondering if that is an admittance? It really surprises me how close people get to each other! hmmm...awaiting what others think on this.

 

[Maizy]

I've never been kicked but once a lady was warming up for an indoor show hunter class. She decided to gallop across the quarter line, and straight into the horse I was riding the impact was taken on the shoulder and horse nearly collapsed. People are so thoughtless and spatially unaware it sickens me.

Sorry I’ve digressed but people should be hold accountable for not giving others enough space or 'hogging the warm up area’ like a post yesterday it's not intended to be a schooling session.

 

[lucretia]

i think you will find that under the animals act it is the responsiblty of the owner (sic). i.e. if your horses get on a road from their paddock you are responsible if they cause an accident even if it is proved some vandal opened the gate.
however in these cases normally an expert witness or two will be called and it wont be so clear cut.
and there are a few legal minded souls on here so someone will know for sure.

 

[SpottedCat]

Well if your horse damages a car as it passes then it is the drivers fault for being close enough for that to happen - much like if you drive into the back of someone elses car. I'd like to say that therefore common sense would say the same in the warm up - if you ride close enough that someone elses horse can kick yours, then more fool you! Different story if you are the out of control one of course.

The number of times I have had to ask people not to stand directly behind my horse - he doesn't kick, but you never know, so why on earth would you stand behind a strange horse without checking?!