Livery Yard Responsibility for Injured Pony

[Darremi]

A lot of people are talking about proof - just as a point of law proof is not required for a civil case it is ' on the balance of probability' ... However apart from your vets fees for the lump on the neck you have to show 'loss' and for a horse with ' wobblers' this is going to be minimal as the animal is financially worth nothing.

This is partially incorrect. In order to succeed in a civil proof (ie. a trial) the claimant will need to provide evidence that their version of events is to be preferred by the judge. This requires more than simply reciting a plausible story.

The biggest problem you have is causation. Your horse had an injury. You suspect the reason for this is the yard's negligence. But you will need more than just your word to convince the judge of this fact. The horse has wobblers, he could have fallen in his stable.

 

[cavalier123]

This is partially incorrect. In order to succeed in a civil proof (ie. a trial) the claimant will need to provide evidence that their version of events is to be preferred by the judge. This requires more than simply reciting a plausible story.

The biggest problem you have is causation. Your horse had an injury. You suspect the reason for this is the yard's negligence. But you will need more than just your word to convince the judge of this fact. The horse has wobblers, he could have fallen in his stable.

Thanks for your comment. Vets and physio have both said that the damage done to both his neck, neurologically and pulled muscles and spasms could not have been caused by simply falling over. His wobblers is also extremely mild and so he has never been at risk of falling over, just had a strange gait, but was quite stable. Hopefully that would be a bit more convincing to the judge, rather than just my word.