Liability when someone else is dealing with your horses

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ponios

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Due to events that have unfolded this weekend (non-horse related) conversations started around liability when other people are riding and looking after your horses.

I am lucky enough to have a fab instructor that will take my horse in on full livery on her yard if I go on holiday, I’m injured or work gets too busy. We don’t have a formal contract, I pay her weekly into her business account.

We also have a lady that comes to look after old unriden horses and dogs at home when we go away. She also rides my husbands horse in the winter when he struggles to due to work/lack of light in the week. She is a very experienced horse woman having worked with horses for last 30 years. She is paid cash and again there is no contract


All horses are well behaved on the ground and pretty good while being ridden, I have a youngish horse that goes through a few ‘moments’ every now and then but not what I would class as dangerous and the only person that rides him other than is my instructor. They are well looked after, upto date with teeth/back/saddler. So I do not feel I have knowingly put anyone at risk or been irresponsible.

My question is, with either of these people, am I liable to be sued (or whathave you) if either of these people were injured while dealing with my horses? Does public liability on my insurance policy cover me for this?
 
Not if you are employing them as an expert - no. They shouldn’t take it on if they are not confident. They are working as a professional and therefore if they take on the work they accept the risk
 
Thats interesting. Ive had this thought before. I have a instructor and someone who rides my young horse sometimes
Ive always assumed that as they take payment for a service they should have their own insurance.
I do have Bhs insurance but should something happen could they sue?
 
Two things (well three actually). Paying by cash does not infer that no contract exists - it is implied by the verbal agreement and remuneration.

Anyone handling your horse in a self employed manner should have their own insurance (and you need to check that they have).

And finally you should have your own public liability insurance.
 
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They can sue - anyone can - but they won’t win.

Sandstone1 said:
Thats interesting. Ive had this thought before. I have a instructor and someone who rides my young horse sometimes
Ive always assumed that as they take payment for a service they should have their own insurance.
I do have Bhs insurance but should something happen could they sue?
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They might! Liability under the Animal Act is absolute. The Owner is liable for the acts of the horse regardless of how the event occured, whether or not it was consented to etc. You need adequate 3P liability and the two individuals should have thier own insurance as well. (The instructor almost certainly will have). It isn't only that they could sue you if injured by the horse - if the horse is injured under thier care you may well want to sue them. Your insurance company certainly will if you have vets fees cover.
 
Your own third party insurance wouldn't cover if something happened to them. The idea is that it is there for true third party incidences - ie, horse gets out of a field and causes a road traffic accident.
Someone employed to look after the horse wouldn't be covered by this but should have their own insurances in place for these type of situations.
 
It’s actually not a straightforward situation, especially for the freelance lady that grooms. The instructor should definitely have their own insurance.

In the case of the freelancer, then liability is not also so clear cut, for either party. It all boils down to what is a reasonably expected behaviour from a horse and whether an outcome can be deemed to be accidental due to that or down to negligence. The outcome of any claim between a freelancer and an owner would be very much dependant on the exact circumstances.

When I took a summer off work and considered doing some freelancing I investigated it with the BGA and Shearwater. The BGA in particular were very good at explaining it so worth giving them a call.
 
I pay for the BHS Gold membership. I asked what would happen if staff should get kicked by my horse when handling (very unlikely as they haven't over 16 years but you never know!). I was told I wouldn't be covered if they should get injured unless it was a friend who was handling my horse at the time. I've just had a brief look on the website and I might be wrong but it appears that cover is only directly through me, i.e. if I am handling the horse and it kicks someone, not if staff are handling the horse.
 
I asked a similar question some time back. I think all people handling your horse in return for money should have 'care and custody' insurance - either a sole policy or it'll be within more comprehensive policies.

I was trying to find out if I could take out insurance to cover the lady who was going to ride my tricky mare and start hacking her. It turned out she would need to take out the policy herself, so I abandoned the idea (horse has since broken). KBIS for example have a lot of different policies for different scenarios. https://www.kbis.co.uk/our-products/liability-insurance

Do you remember a few months ago there was a lady who was knocked to the ground and injured by a horse she was leading in from the field? That got me thinking again because she was livery yard staff (I believe) and although she was complaining that the horse hadn't been taught manners, I do think there is a level of risk in handling horses and if you are doing it for a job then that risk is elevated.

Might re-look at this!
 
Shay said:
They might! Liability under the Animal Act is absolute. The Owner is liable for the acts of the horse regardless of how the event occured, whether or not it was consented to etc. You need adequate 3P liability and the two individuals should have thier own insurance as well. (The instructor almost certainly will have). It isn't only that they could sue you if injured by the horse - if the horse is injured under thier care you may well want to sue them. Your insurance company certainly will if you have vets fees cover.
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This is incorrect .
Absolute Liability only exists in certain circumstances an instance of this would be ,owner is away someone else is caring for horses vandals steal the fencing and horse causes RTA where a driver is injured in a case like that liability is apsolute and rests with the owner even they they where not in any way negligent .
With people doing stuff for you the circumstances of the incident would determine if you where liable .
I have my house hold insurance with the NFU and my liability is covered on that this not employers liability it’s like the cover that would be for window cleaners gardeners etc .
Btw my horses are at home .
 
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