My horse kicked another horse - am I liable

[Errin Paddywack]

I have had two occasions when it was impossible to hold onto a horse. First was a yearling welsh x. I was leading him around at the local riding club, next thing I knew I was turning a cartwheel, he had exploded and cowkicked me on the knee. I had no chance to react. The other was also a yearling colt but a bigger one. He had been in on box rest, I was just walking him up the road, he was a quiet chap or so I thought, again he exploded and kicked me in the face slamming me back onto the road. I remember picking myself up feeling dreadful and hoping that he met a car coming the other way to turn him back. He never got away from me again but did manage to kick me several times with his sudden explosions out of nowhere. He would be calm, explode and be calm again.
I learnt to use a long rope to give me some chance of holding them and a controller headcollar or bridle.

 

[MissTyc]

Sure this is one of those situations where her vet insurance + your third party liability can "have at it" ... Of course, in reality I'd be keen to pay her vet excess just to keep the peace.

My friend was kicked in the knee by another rider's horse (a friend of hers - they were riding together). It was a serious injury and the two insurance companies took 4YEARS to settle the claim as the investigation was all about who took what risks, which horses were known for kicking and in what circumstance i.e. was one or the other party negligent. It was not straightforward. In the end, friend did get a significant payment from the kicker's insurance for loss of earnings etc. Of course, the cash was a bit too late for all the physio she needed and she might have had a better outcome if she'd been able to afford better treatment from the start.

Anyway, long story to say these things are often not straight forward. In first instance, the vet bill belongs to the owner, but there MAY be moral duty to pay on OP's behalf ... or insurance companies might determine legal liability.

 

[indie1282]

I'm not sure why this has to go through your insurance? Surely a callout and a few stitches wouldn't cost a lot.

Most excess on a premium is over £250

 

[ycbm]

No, I use rope halters and hang on. I have had horses, including youngsters, bouncing around, spinning round me, doing handstands but I was taught never to let go - and I haven't!

My bold.

That's a recipe for getting seriously hurt.

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[SEL]

Hmmm - the 2 nasty injuries I've had off my mare were hanging on when I should have let go. Cracked rib and the other was luckily just a bruise on my thigh. Counted myself lucky it got my thigh actually given the size and colour of the bruise.

Both times it was horses suddenly taking off in fields next to where I was leading her. She seems to go into "flight" mode and if she can't flee then it is "fight". Brain does not engage.

 

[Winters100]

I find it hard to understand why you are asking this question. If someone else's horse got loose and kicked yours would you not feel that they were morally obliged to pay? If you own a horse this cannot be beyond your means. As for her "slating" your horse on social media I can only say that this sounds as if one or both of you are teenagers. Why would you care what someone writes about this incident when anyone who knows anything about horses would clearly see it as an unlucky accident? Just pay the vets bill, apologise, and be done with it.

 

[cundlegreen]

I think that the owner of the kicker could be considered to be negligent, tbh, the horse pulled away from her. I think that it could be said that it is in the nature of horses to 'spook' and try to pull away from their handlers, so steps should be taken to make sure that either they can't do so, or if they do, they can't get close enough to others to kick. OP could have waited until all other horses were out of the way before setting off with her horse, or led it in a bridle.


I have been keeping horses for over 40 years and never had one pull away from me while being led, it should not happen.


I can't think of any reason why OP wouldn't have offered to pay the vet bill, or why any-one should suggest that she ignore the other horse's owner. Thank goodness that I am not on a livery yard!

To all those who have said to ignore liability, what would be your point of view if a person had been kicked and injured? A lot of people on here with a strange idea of responsibility....

 

[ycbm]

To all those who have said to ignore liability, what would be your point of view if a person had been kicked and injured? A lot of people on here with a strange idea of responsibility....

I don't think anyone was suggesting ignoring legal liability, we were discussing whether an insurance company would agree that there was any.

If it was my horse which had been kicked then I would make a judgement about whether the handler of the other horse had been negligent (for example if the horse had form for this behaviour and the handler didn't use a bridle), whether they were innocently incompetent and let go when they should have held on, or whether this was just one of those things horses do and could have happened to the best of us.

We seem to be losing sight these days of the fact that accidents happen.

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[Kat]

Lots of potentially damaging advice here. I work with insurance claims.

Notify your public liability insurance immediately, let them handle things. This is also an excellent way of avoiding conflict on the yard, just say it is in your insurers hands.

Screenshot any social media posts and forward them to your insurer.

Don't worry about saying sorry, you are advised not to in case it is taken as an admission but honestly, I deal with hundreds of claims and loads of people apologise after an accident but in the vast majority of cases that makes no difference to the claim.

 

[Kat]

I'm not sure why this has to go through your insurance? Surely a callout and a few stitches wouldn't cost a lot.

Most excess on a premium is over £250

You should still notify your insurer in case it goes over the excess. If you fail to notify them promptly they can decline cover.

In amy event your public liability insurance often provides legal cover and you can get help dealing with the dispute that way.

 

[Bob notacob]

The OP is not liable in my opinion. Reason : There was no negligence which might otherwise contradict the other parties obligation to cover and protect their own losses (by insurance).The reason people get confused on this issue is that the single most common insurance claim is in fact the exception to the rule . Motor insurance . we indemnify the third party against our actions. The rest of the time the first party is required to insure against their own losses.Edited to add ,always inform your insurers.