Loose horses in field on bridleway

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jennyjenny

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If I was to be kicked by a horse in a field through which a bridleway runs, would anyone be responsible? Assuming I am riding my horse, that is.
 
Would be interested in the outcome of this
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. I too have to ride through a bridleway sorrounded around about 40 horses. I have to dismount because ours aren't keen on the others, and would be interested to see
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.

Nick.
 
I have heard of a lady having her leg broken recently and being airlifted to hospital from a kick. I wondered what the implications would be as I ride through three such fields and the horses are always inquisitive.
 
Daisy was once kicked by a loose horse on a bridleway. Thankfully OH was with me on foot and very bravely stepped in brandishing my whip and shooed the horse away because it was looking to turn into a full blown fight. I told the YO who also owned my livery yard as well because i was worried that it could have been more serious if i had been on my own or a younger rider etc and her response was that it must have been Daisy's fault. WTF? I was riding quietly across the edge fo the field trying not to draw attention to ourselves when the other horse cam galloping across and started a fight. Made me think that if anything had happened it would be very difficult to prove.
 
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I find the BHS legal helpline great when it comes to things like this, have called them several times for different issues.

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Lucky you! I have had a similar problem and phoned the BHS (bridleways dept) and they were useless! Couldnt even tell me if it was acceptable or not, where i stood in case of accident, etc. Told me to phone the council. So i phoned the council rights of way dept. They told me to phone highways dept. So i phoned highways dept. Guess what? They told me it was rights of way dept! Nightmare! Phoned BHS again and got no info whatsoever.
 
Be interested to follow this as i was charged at by a heard of shetlands on a bridleway and my horse bolted, jumped a 5 bar gate leavin me on the floor wth nasty brused leg. Horse then bolted across two main A roads and miraculous remained in one piece!
 
Im totally guessing here, but i've just asked my OH who isnt horsey.

We have come to the agreement that it would be the person that owns the field that would be held responsible.

The same if i hiker walked through a cow field and got kicked by a cow, it would be the land owners duty to ensure the safety of the people using the bridleway from their loose animals.

So if they had a dangerous animal (known to be aggressive) it would be irrisponsible for them to put it in a field where the public could be in danger.

This is our guess!!!
 
I have a bridleway that goes along the edge of one of my fields. It was fine until a livery yard opened up near by and started to regularly use that route ( it was rarely used before). A friendly approach to the landowner, explaining the problem and hey presto the bridleway was fenced off to allow safe passage.
Try talking before going all legal, it might just work.
 
Interesting one.

I know with cattle the landowner has a duty of care over those using footpaths etc - but they can still put potentially dangerous animals in the field - they are required to warn walkers that the animals in the field may be dangerous.

Not sure about bridle-ways though - think it'd be one thing to have an accident just because of horses carrying on, but another to put, say, a stallion in the field without putting up a sign.
 
The incident I cited had the result of a fence being erected after the accident. Complaints were made to the landowner before to no avail, so in fact it took an accident to get anything done. I think this is going to be a difficult one and certainly worth watching the outcome.
 
I can ask the landowner tomorrow, if anyone's interested, to find out if he had a legal right to make passage safe through the field. Walkers had to run the gauntlet for years previously and all survived.
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[ QUOTE ]
Would be interested in the outcome of this
smile.gif
. I too have to ride through a bridleway sorrounded around about 40 horses. I have to dismount because ours aren't keen on the others, and would be interested to see
smile.gif
.

Nick.

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Nick, I am not sure its a good idea to dismount as you leave yourself in a very vulnerable position.

I have occassionally had to fight off the stallion that is loose on the moors (and has every right to be there) but riding with a hunting crop and giving a few good cracks as well as shouting seems to do the trick
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(obviously this is not possible for everyone though!)
 
It is the owner of the land or horse that would be held responsible if you where kicked.

If you are having a problem with loose horses in a field crossed by a Bridleway then you should contsct the Access Department of the local County Council. You are always best to write to them by 'Royal Mail Signed For Delivery' so that there is no doubt that they received your letter.

The horses would be deemed a 'nuisance' and this would be covered by the Enviromental Act (as ammended).

Horse owners and land owners should ensure that they have third party public liability cover of no less than £10,000,000 to cover any claim made against them.
 
Landowner said that he fenced the bridleway off to protect our horses. He thought horses were a "grey" area. Bulls in a field have to be made safe, but cows do not. He thought there was no legal requirement to make for safe passage, but thought that if a warning of possible trouble had been raised, then legally it would go against the landowner if he did nothing and an accident occurred.
Basically he wasn't sure lol. Sorry, not a great help!
 
i have a footpath through my field, which is hedged, but walkers cut through into the field taking other routes through where the horses are (go for a walk in the country then take all the short cuts you can, humph!), ive been trying to find out what would happen if they were injured having left the footpath and were tresspassing in with the horses but havent been sucessful yet...
 
Thank you for that. I think I will take your advice and write to County Council.
One of our rides includes a field where a herd of ponies run complete with stallion. He usually tries to split us up by standing in front of us. If we stick together he gives up.
 
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i have a footpath through my field, which is hedged, but walkers cut through into the field taking other routes through where the horses are (go for a walk in the country then take all the short cuts you can, humph!), ive been trying to find out what would happen if they were injured having left the footpath and were tresspassing in with the horses but havent been sucessful yet...

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Sadly you are still legally responsible for any accidents on your land - even if they are trespassing. We had a parent try and sue us because a kid fell out of a tree which was at least 100m away from a public footpath. Passed the case onto our insurer and the parents decided not to take it any further, mainly because there were no serious injuries and I think they were just trying for a quick buck!

Many many years ago I had a semi wild 2 year old pony who was very badly injured when the local brats decided to play cowboys with him. One girl (about 14) jumped on him and he went beserk and ran blind through electric fence, then plain wire and brought himself down in my neighbours loose barb wire. You can just imagine what a mess he was, the vet gave up counting at 200 stiches and a tendon busted. The kid broke her leg (would have been her neck if I'd arrived before the ambulance
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) and by the following day I had her dad at the field saying he was going to sue. Again passed it on to the insurance company who ended up getting them to back off only by counter sueing them for vet bills, loss of value, fencing etc. The police wouldn't do anything as "trespass is a civil issue not criminal".

Oooops, sorry for the rant
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i feel like ranting about the sods too, no worries

and climbing over my fencing and damaging it, argh. had 3 trees chopped down this week, trying to catch vthem at it...
 
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