Opinions please - Kick injuries to person - WWYD?

[ycbm]

I would offer to cover their bills or assume my insurance would do so.

Your insurance will only pay out if you were liable in law. However responsible a person feels, insurance won't pay a bean unless you were negligent in a legal sense. And even then they are likely to fight it.

 

[LadyGascoyne]

Your insurance will only pay out if you were liable in law. However responsible a person feels, insurance won't pay a bean unless you were negligent in a legal sense. And even then they are likely to fight it.

Sorry phrased that badly, I would presume I would be liable legally, not just ethically.

 

[ycbm]

Sorry phrased that badly, I would presume I would be liable legally, not just ethically.

Unfortunately I think there may be a lot of situations where I would feel morally responsible, but not be legally responsible. What bothers me even more is that even if you are responsible legally, and the insurance company know full well that they are responsible legally, they still take cases to court to get the lowest possible settlement. It's a 'game' they play. I'd someone is made a 'reasonable' offer which they refuse and go to court, they don't get their expenses paid even if they win. What's 'reasonable' differs according to which side of the fence you are on. But it means people who are responsible and want to settle being dragged into court to defend the insurance company. Sometimes I just wish I was a billionaire!

 

[Goldenstar]

It might not be an issue of what we would or would not do in any given situation. Liability under the Animal Act is defined as strict - that is why we all have 3rd party liability insurance. Refer the matter to the insurers. They'll sort it out.

Liability is only strict when the third party is not in any way involved in the incident that takes places some one voluntarily helping you can not claim strict liability it's down to the circumstances, by helping someone assumes some degree of liability.
Strict liability is when for instance a horse gallops over a walker when it's rider has fallen off or a loose horse who has escaped its field hits a car and injures the driver .

 

[cobgoblin]

If there is any chance of insurance or claims being involved...the golden rule is not to admit any liability, legal or otherwise and just refer to insurers...they will sort it.

 

[Pigeon]

Tbh everyone in this situation got off lightly. Could have been so much worse.

I think that fault is probably equal here. Fault of the owner for getting into a moronic inevitable situation, fault of the helper for getting in kicking range of a bunch of wound up horses.