Ponies on road - whos liable

C

Cobalob

Active Member
Joined
18 July 2007
Messages
32
Location
In a muddy field
Visit site
If you pay livery to be stabled at a yard with whats ment to be secure fenceing and your horse got out onto the road and cause an accident would you the horse owner be in trouble or would the land owner get in trouble?

No accident happened but mine and some others ponies went on a nice stroll.
 
I posted sort of this question the other day, as the farmer was leaving a gate open which meant if ours got out of field they could go through the open gate onto the road. One answer was that although it was the farmers duty of care to keep the horses safe as possile (close gate) if they got on to the road it was the horse owners responsibility. Insurance is a must!! I also stand to be corrected!!
 
IF there had been an accident then in general the liability would fall with the owners of the horses. However, if the owner of the horses and the owner of the land differs then it could be the insurers of both would end on contributing if the landowner was found to be negligent - as in they hadn't maintained the fences properly. If the horses just jumped out or broke out then really it is likely to fall on the individual horse owners.

Each case would be dealt with on an individual basis depending on the circumstances. I have known a couple of different types of cases where horses have caused accidents getting out of their fields and pn both occasions the owner was found liable. One instance the horses escaped after thieves had left a gate open after stealing farm equipment etc. It was tragic as the pony collided with a lorry and was killed outright so, not only had the poor owners lost their horse they were faced with the claim from the lorry driver/company and non of this was the fault of the owner or landowner.

It is so important to have PL insurance if you have a horse as these things can and do happen.
 
Charlie007 said:
I posted sort of this question the other day, as the farmer was leaving a gate open which meant if ours got out of field they could go through the open gate onto the road. One answer was that although it was the farmers duty of care to keep the horses safe as possile (close gate) if they got on to the road it was the horse owners responsibility. Insurance is a must!! I also stand to be corrected!!
Click to expand...

I think you are right. My understanding is that you, as the owner, are liable - not the person(s) who 'caused' any accident by, for example leaving a gate open. I think also if you have a loan then you would be liable, too. I did enquire of the BHS when I got my loaner, and the impression was that you are an owner in all but the paperwork! This liability is covered by the BHS (gold) membership insurance, by the way.
 
Thankyou very much, were on an awful farm at the mo desp to move asap. Farmer has no interest we do everything, the fenceing is non existant, weve tried to revamp it all with electric fencing, being two youngish girls, not too good with mallets and wooden posts (hehe).
Hes been takeing it down and this morning had a call from a friend saying were my horses kept down said road as there was police trying to catch them.
He hadn't even informed us.

So hes takeing it down meaning our horses are getting out, such a struggle roudn here for small yard that are flexible on hours and would take 3 ponies :(
All are insured though. They have got out before butnever made the road so today put into persective really how much of a major issue it is now and they need to go asap.
 
The owner is strictly liable for any accident/damage caused by their horse.

However, I should think they'd be able to sue the YO for contributory negligence.
 
You must log in or register to reply here.
Top