Legalities of partloaning to a minor

noblesteed

noblesteed

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Hi all!

Another share/loan question I'm afraid...

I am about to allow my friend's 13 year-old daughter to part-loan my horse while I am pregnant. I have mum's permission - she is fully aware that my horse can be a bit of a handful on occasions, though he is generally a star.
Mum and dad are divorced so I will have to speak to dad also, but I hear he is happy about it too.
I intend on teaching her the ropes while we have light nights and I am in my 2nd trimester,, I am still riding every other day. She has helped out for the past year or so with his general care and mucking out etc so I know she will be fine with that. She rides well enough, can do the basics and jump nicely, confident but hasn't learned to work on bend/outline etc yet. Once baby comes I am hoping she can do 4-5 days a week, and will have other adults on the yard when I am not there. She is willing to pay £20 a week which is probably too much!!!

What sort of agreement would I need? A legal document? I am insured by NFU and my policy states any rider can ride my horse and he will remain fully insured etc. Do I need written permission off parents etc in the event of the girl being injured by my beastie?
 
Only thing I do know is that at 13 should anything happen to her it won't matter that she agreed to take on horse knowing it can be a bit of handful.Don't if thats worse or better in law tbh.
My horse literally stood on a friends head in an accident(run up gone wrong).She was critical for a week then coma for 3 months then yr rehab and still suffers effect of it.
Insurance put me in touch with a solicitor and I was told as friend was in 20's at time she would have to prove negligence.Different story!!
If she had been 14 or under it would have been a totally different,she would be classed as not responsible.
And will say sometimes family are ok with the thought something may happen but often change when it actually does.
ETA this was/is a friend and family did sue (quite rightly imo as her life will never be the same but never got anything as missed the 3 yr date.)Just trying to point out family may not have choice but to sue if finances needed for long term care/needs
 
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SO in that case is that why you need £1.5 m worth of public liability on your insurance?
Horse is no more of a handful than any other horse, so don't see how horse's established behaviour would affect it. Any horse can play up for a new rider. Surely if she came off my horse and injured herself it would be no different from her coming off a riding school horse and doing the same? Except that she may be unsupervised at the time... So isn't that just an accident?
 
It is not possible to enforce a contract with a minor, therefore I would assume that any form of contract with the child would be pointless. I would ensure that you get any conract signed by the parent with care, if it is a shared care arrangement between the parents, then get them both to sign, just to be on the safe side.
 
Loan agreements should be with parents (both) of child and you need to make sure child has her own insurance. Make sure you note down all "issues" of pony on the loan agreement and that they are aware of these and get them both to sign.
 
Is it possible to get rider only insurance for a child? I know BHS do adults.

Yes I was going to get parents to sign an agreement of some kind. I will look on BHS website.

Are there any teenagers on here who loan? Do they know what to do?
 
I would be very careful and consult someone 'legal'!! Probably BHS in the first instance.

I don't think it would be the same as if she came off while riding a riding school horse as they are well insured (certificates displayed etc etc) - you as a private person are in a different position. I would say you must have a proper contract with the parents and make sure she is insured up to the hilt.

Anyway - I would think BHS, as I say :)
 
NFU did do a rider only policy and it was about £20 a year, as well as 3rd party it covered the rider for vet fees that horse might get in their care from an accident.

£1.5M 3rd party coverage is not a lot of cover.
 
Yep, you really do need the loan to be between you and the parent - it is important that they understand the full importance of what is happening.

Also, rather than a contribution of £20 a week, get the family to pay for the shoeing, direct to the farrier. Then, in the worst case scenario it can never ever be classed as a commercial contract.

I think it is fabulous that you are giving the girl such a lovely chance. It is so sad in this H&S world that we are too scared to give opportunities to keen children.
 
Thanks guys, I guess I am more worried because I am a teacher.

Why is £1.5 m cover not enough?

It is very sad that there are so many legalities to worry about. The girl is perfectly capable of riding the horse, he isn't suitable for a total novice but then what horse is??

I have had an adult sharer before and I am now very wary of adults. she was totally irresponsible! She was an 'ok' rider having bought and sold a very unsuitable 5 year-old that she couldn;t cope with, but she thought she knew it all. Twice my horse 'bolted' with her, (this is something he has NEVER done - he is a lazy bugger who doesn't even know how to gallop) I have since found out she used to trot him 'as fast as he would go' on the roads because 'it was good fitness work'...

Thankfully horse was none the worse for this but... I think I would rather have a younger sharer who will listen to me and treat my horse in the way in which he is accustomed and deserves, rather than an adult who thinks they know better. He is a special horse and I want to get as many years as possible out of him. If he wasn;t so fab he would be up for sale...

Oh it is so difficult!!!!
 
noblesteed said:
SO in that case is that why you need £1.5 m worth of public liability on your insurance?
Horse is no more of a handful than any other horse, so don't see how horse's established behaviour would affect it. Any horse can play up for a new rider. Surely if she came off my horse and injured herself it would be no different from her coming off a riding school horse and doing the same? Except that she may be unsupervised at the time... So isn't that just an accident?
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It a nightmare.This is only what I was told.Had an equine behaviourist out to mare to assess if she was a monster or not. I also had to check out my public liability on my house insurance or horse insurance wouldn't even entertain a claim until I checked so they could go halves on any payout.House insurance, we found out yrs later, had to pay half all legal bills encured.
It definitely was an eye opener I can tell you. THere were 3 people she could sue me,vet(professional in charge) and YO as it happened on his premises and tbf he had nothing to do with it or done anything wrong-no-one had tbf it was just a terrible accident but the age thing def was mentioned.Would def seek legal advice on it just to safeguard yourself.Sad that you have to think this way.
 
I'm a teen and i have a horse on full loan on the yard of my choice with the owner not present. I keep my horse with my friends horses who is an adult. My parents not being horsey did not want the responsibility IF something happened to said horse as they just simply have no clue what to do, so my friend signed the contract as the responsible guardian and i signed the contract that the horse is loaned to me not my friend BUT incase anything happens, friend is there to help and sign any paperwork, call vets ect because as i minor i can't do that yet (less than 1month though!!!! :D ) parents pay for horse and know about the agreement, have spoken to owner of horse and are perfectly happy and agreed to it all. Had her since february and its going great, no problems what so ever and actualy now that i have her, both of my parents are quite keen on learning how to care for horses and are becoming more keen to help out and join in :)
Btw, its so nice that you're giving a minor a chance as its so hard for us to find a decent horse to ride everyone seems to want over 18's. Its very nice of you :)
 
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