Liability and horses

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Puppy

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I have been most surprised at how many times in the last week I have seen posts by people who are reluctant to wear ribbons in their horses' tails, or wear certain tabards when riding, all because they are scared that it will "make them liable" or "more liable" should an accident occur.


I am also greatly concerned at the number of people who are advising others not to do one of the above, when there is no legal basis for this misguided belief. I, for one, would be very annoyed if due to some misguided advice someone didn't do as much as possible to warn me that their horse was a kicker, and hence put me and my own horse at greater risk.


So I thought it would be worth starting a thread to clear things up and state that there is always strict liability when it comes to horses. If you take your horse out riding; on the road; to competitions; out hunting etc, then whatever it does while you are out, you are responsible for. Should your horse escape/kick/bite/cause an accident/etc then you are responsible, and strictly liable, for the damage that occurs. This is why you have insurance; to pay for whatever you are liable for (and hence very important
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Whether you are wearing a "young horse" tabard, or any coloured ribbon will NOT effect your liability, or your insurance, you WILL be liable with or without them. HOWEVER, what they may do, in making those around you more aware, is reduce the chance of an accident. Therefore, it seems only fair to others around you that you take these precations, and they can only be a positive thing.
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Hope that some of you find that useful to know.

H. x
 
May I add to this important post that a recent court case determined that whatever the reason for a horse escaping the owner is liable. This meens that it is important that every horse owner needs 3rd party liability insurance of no less than £10,00,000. A number of insurance companies do not provide cover to this amount and it is important that owners check this out to make sure they have sufficient cover.

(Gold membership of The British Horse Society provides this level of cover).
 
I'd add to that the fact that as far as your insurer's are concerned if you are unlucky enough to be involved in an incident NEVER admit liability; NEVER say anyting like "oh I'm soooo sorry" (that is admitting liability)

Just stick to exchanging names and addresses and go on your way and leave things to the insurance company.
 
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I'd add to that the fact that as far as your insurer's are concerned if you are unlucky enough to be involved in an incident NEVER admit liability

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I don't understand you using the term "admitting liability" - it's not really here or there when we are discussing strict liability
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Has the law changed recently? Our horses managed to run loose through the centre of Bath and someone tried to claim that the a clod of mud from there hooves knocked their front light out. (nevermind the car was parked in a carpark that the horses never went near) Anyway the insurance company didn't pay out as they said it was an act of god, and therfore we weren't liable. This was about 4 years ago.
 
I have read your post and would ask what legal evidence you have to support this, it appears to be your personnel views and I cant see it being as black and white as you state. This is unfortunate because what you have said is sound sense and I totally agree with you.

A complete understanding of equestrian law so far has not been published by the government as a guide line. It is down to the individual insurance companies who do not always have knowledge on horses to fight their individual cases.l

I speak from experience having been successfully sued on my own property by a visitor who got too close to my horse, univited and warned.

I think it is a dangerous area to give advice to members of the forum based on non-factional solid evidence. The law and horses is currently very messey and I feel that each person should make their own considered approach and opinion.
 
I agree that each person should draw their own conclusions and make their individual judgements, however, I have been told by a lawyer that the business with tabards and hi viz 'admitting liability' is total and utter nonsense!
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But I agree that it's down to people to make their own informed/non-informed judgement.
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Has the law changed recently? Our horses managed to run loose through the centre of Bath and someone tried to claim that the a clod of mud from there hooves knocked their front light out. (nevermind the car was parked in a carpark that the horses never went near) Anyway the insurance company didn't pay out as they said it was an act of god, and therfore we weren't liable. This was about 4 years ago.

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Yes it has, following a certain case, and there are proposed changes ono the cards again.

See this:

http://www.ridingsafely.net/mirvahedy_v_henley.html

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I have read your post and would ask what legal evidence you have to support this,

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Well as you can see - the link above and case law supports this. I have studied tort law at Cambridge. Following the number of threads on the matter and being interested in it all, I have discussed the topic at length with a Cambridge academic who is a specialist in this area of the law. He lectures on it, as well as writing text books/articles and does consultancy work on major cases.
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I can assure you this is not just my personal views.


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I think it is a dangerous area to give advice to members of the forum based on non-factional solid evidence.

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I agree. Which is why I felt the need to start this thread, having seen so many people giving totally inacurate advice about "don't wear a tabard.." or "don't wear a ribbon in your tail..." etc.


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The law and horses is currently very messey and I feel that each person should make their own considered approach and opinion.

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Surely it's better to make an informed opinion. Fairy snuff if people don't want to believe me or whatever, but for those who do (and they can quickly check with the link I've provided above) then they may now change their stance on certain matters - such a wearing tabards or ribbons. That in turn *may* reduce an accident.
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But I agree that it's down to people to make their own informed/non-informed judgement.
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hmmm, I would think it's always far preferable, generally speaking, if people make informed judgements.... but there we go!!
 
Insurance company checked with me what had been said at the scene when a horse in our group had clipped the wing mirror of a parked car and caused no damage.,

The insurance company (NFU) said that (and we didn't) that no-one should 'apologise' at the scene as that could later be taken as an admission of 'guilt'. The same applies at the scene of any car accident. You must not go around saying things like "it's all my fault", "oh I'm soooo sorry" as that can be taken that you are admitting that you were to blame.

Keep it to the old army adage - name rank and serial number - or in this case name, address, insurance company
 
I'm really glad you posted this Puppy. There is lots of misinformation about legal issues out there, and the myth that wearing a "young horse" tabard or red/green ribbon effects liability is one that needs to be squelched.
But, just from vague memory wasn't there a case recently which clarified the case law concerning liability relating to loose horses? Or did I imagine this??? I seem to think that the liability can fall onto the owners of the property from which the horses escape, rather than the owners of the horses.......am I dreaming?
 
I thank lord have never been involved in a horsey accident, but I have ben in enough car crashed now to know to shut up!! (not driving I may add!)
I would just to what my OH does, last time we crashed (he hit someone who was half asleep and drove out in front of us but it was his fault) just get out, look at damage and ask for insurance details immediately, he didnt even say are you ok - kinda cruel I guess. But the other guy was like "god, I didnt even see you" DUH - total admission of guilt!
 
You may be talking from your early learnings of law; unfortunately you are not speaking on behalf of insurance companies.

Both of my equine/business insurance companies in England advised me of the following statement which I found on HorseData:

When buying tabards it may be worth buying ones without writing on. Some insurance companies see the "Please pass wide and slow" and "Caution young horse" as an admission of a horse which is unsafe on the road. Therefore, the rider can be deemed negligent for riding such an animal on the road should an accident occur!!
 
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