liveryblues
Well-Known Member
Hi All, Is public liabiltylegally required for a livery yard? What can you do (if anything) if your yard owner does not have it?
Licensed yards need liability.
I have heard of individual professionals who refuse to have indemnity insurance because they believe that no win no fee lawyers won't take cases against them.Licensed by whom?
OP, it's not a legal requirement as far as I know, but it is good practice from YO's point of view. If your YO hasn't got PL insurance and you want to sue, you can still sue, it might be more difficult to recover any money, though and probably no chance of out of court settlement that might be possible if you were effectively suing the insurers.
I have heard of individual professionals who refuse to have indemnity insurance because they believe that no win no fee lawyers won't take cases against them.
Why does it worry you so much?Thanks all, I am worried that the yard I am on has no public liability insurance, YO lies about everything so without a valid certificate there is no way of knowing
YO is for ever quoting health and safety for stupid things like leaving a broom outside tackroom, them allows people to ride without hats, ride in trainers, she employs a young girl ( who has to handle a very naughty horse) as YO is scared to etc. It is an accident waiting to happen. If the young girl receives life changing injuries who will pay for a lifetimes worth of care?
Why does it worry you so much?
As a YO, I do carry quite a comprehensive cover, but I certainly don't discuss it with my clients. It's not a legal requirement and I don't think it is any of their business, tbh.
Oh, I know they can try to recover from me alright, my point is, they can try it whether I do or don't have cover. Maybe I'm secretive or something, but I tend to not discuss my financial affairs with my clients, to straight question ''do you have insurance'' I am happy to answer ''yes'', but that's about itIt may not be a legal requirement ,but in light of the Mirvahedy case it certainly is your clients business as to whether you are adequately covered .If a horse escapes while in your care and causes an accident the owner is the first person they will claim on but the owner will then claim against you.I would certainly want to know that any yard owner looking after my horse had adequate insurance to cover their liabilities.
As regards Third Party Public Liability Insurance the owners of a horse should have Third Party Public Liability Insurance to a level of no less than £10,000,000 (Ten Million Pounds) this is as a result of interpretation by the highest court of the land of the Animals act 1971 Section 2 (2) which stated that we as horse owners are liable whether our fault or not. This is as a result of the Mirvahedy v Henley case
A yard owner would be well advised to have insurance. as without it a claim could still be taken against someone but they may loose their personal assets (house and possessions) if the claim was successful.
Oh, I know they can try to recover from me alright, my point is, they can try it whether I do or don't have cover. Maybe I'm secretive or something, but I tend to not discuss my financial affairs with my clients, to straight question ''do you have insurance'' I am happy to answer ''yes'', but that's about it
Actually there is a massive difference between recovering from somebody who is insured and somebody who is not. The claimant is highly unlikely to satisfy their claim against an uninsured defendant. As a previous poster identified, this means that where there is an injury to person or property the claimant will end up bearing some of the cost even where the defendant yard owner was negligent, simply because the defendant has insufficient assets to meet any award against them. So the question of whether the YO is insured or not is very important. Say the YO is negligent and allows the horse to escape, during which the horse suffers a career ending injury, the issue of whether the YO has insurance them becomes vital.
Actually there is a massive difference between recovering from somebody who is insured and somebody who is not. The claimant is highly unlikely to satisfy their claim against an uninsured defendant. As a previous poster identified, this means that where there is an injury to person or property the claimant will end up bearing some of the cost even where the defendant yard owner was negligent, simply because the defendant has insufficient assets to meet any award against them. So the question of whether the YO is insured or not is very important. Say the YO is negligent and allows the horse to escape, during which the horse suffers a career ending injury, the issue of whether the YO has insurance them becomes vital.
I don't think the example given of a liverys horse escaping and being injured is a public liability issue that would be business insurance , because the damage occurred as a result of the buisness transaction between the the livery and the YOer.
Actually there is a massive difference between recovering from somebody who is insured and somebody who is not. The claimant is highly unlikely to satisfy their claim against an uninsured defendant. As a previous poster identified, this means that where there is an injury to person or property the claimant will end up bearing some of the cost even where the defendant yard owner was negligent, simply because the defendant has insufficient assets to meet any award against them. So the question of whether the YO is insured or not is very important. Say the YO is negligent and allows the horse to escape, during which the horse suffers a career ending injury, the issue of whether the YO has insurance them becomes vital.
I don't think the example given of a liverys horse escaping and being injured is a public liability issue that would be business insurance , because the damage occurred as a result of the buisness transaction between the the livery and the YOer.