Riding school fined after girl breaks arm

ridingsafely

ridingsafely

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A riding school owner has been fined after an eight-year-old girl broke her arm while in her care.

The girl spent four days in hospital and had to have bones in her arm wired after falling off a pony at Bridle Grove Riding Centre, Braggons Farm, in Boxted, near Hartest.

Owner Dorothy Laflin admitted failing to carry out a pre-ride assessment form and failing to report the accident to Babergh District Council.

Read more at: http://www.suffolkfreepress.co.uk/news/Riding-school-fined-after-girl.3950831.jp

and also at:

http://www.eadt.co.uk/content/eadt/news/...3A09%3A13%3A147

Given this case, please take part in the survey in the next post below "Have you heard of RIDDOR?" Thanks.
 
So what we need is mechanical robot horses for people to ride, oh silly me we allready have them dont we, they are called cars, and people still have "accidents", seems to me if you get on a horse it's your own risk, apart from faulty tack or being put on a known nutter, falling off horses is part of riding, you get on at your own risk.
 
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Whay happened to the days of "horses can be dangerous,accept it or find something else to do"?
 
I broke my arm falling off at riding school when I was a kid, neither I nor my parents would have even thought of sueing the school. As you say Anima, it was one those things you accepted when learning to ride. In fact I seem to remember my dad saying it would teach me to hold on tighter next time!
 
Jacks_Mum, my dad is exactly the same. I broke my wrist falling off when I was about 15. I remember my Dad asking me why I fell off! He also said not to worry, at least I had another arm
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aHH, the good old days when Litigation was a word that was mostly unknown in any normal household, when people took responsibility for themselves and their own actions. And children weren't wrapped in cottonwool.
 
Unbelievable! How on earth do they expect the owner to be responsible for what was an accident. Filling out an assessment form wouldn't have prevented it and what good would reporting the fall to the council have done?
 
I'm a teacher and I've also worked as a child minder. Kids can't do anything now without a mountain of paper work and risk assessments it's a joke and it doesn't do them any favors we are producing a generation of obese wimps who are terrified of everything.
 
[ QUOTE ]
I broke my arm falling off at riding school when I was a kid, neither I nor my parents would have even thought of sueing the school. As you say Anima, it was one those things you accepted when learning to ride. In fact I seem to remember my dad saying it would teach me to hold on tighter next time!

[/ QUOTE ]
Hehe,my big brother was the same!
I am 26 next month so we are not talking too many moons ago either and TBH I would be exactly the same with R if he decides to learn to ride.

It's getting stupid now,yes it's fair to get some money to cover costs of being out o work ect if someone does mess up and you get hurt because of it(am thinking along the lines of someone who has never sat on a horse before getting put on a TB stright off the track and not being able to cope,or faulty equipment getting you hurt) but why do people sue for every little thing?

I really do feel sad that children now cant enjoy the long hot summers we did on the yard-getting mucky,healthy and hurt.It was all part and parcel of growing up around horses!
 
When I was looking for Jack I tried out a welsh cob. OH wanted to ride too but is very much a beginner and we wanted something that would be fun for me but sensible for him. The riding school that was selling this cob, despite my telling them OH was a novice and should be on a lunge line, pushed him up on this horse, in the middle of a jumping lesson and then stood back and watched when it bolted off, went for a 3 foot jump, OH fell off and the horse stood on his leg. An inch higher up his leg and my husband would have been my wife!! They then tried to blame us. I think we would have been well within our rights to sue them but we didn't because we both believe that if you take on a dangerous sport, you risk getting hurt. End of.
 
Oh dear, oh dear, then parents like that will wonder why there are no riding schools for their kids to learn to ride at.
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This is getting stupid it really is. If I had kids and they fell off and were injured I too would have the attitude of it will teach you to hold on tighter next time! I cannot believe that some people can be so quick to sue.
Kids will not be allowed to do anything any more, cannot play football because they might get kicked, can't play rugby because they might get tackled too hard, cannot play the piano because they might fall off the stool and brake a finger and they can't play in the garden in fear of suffering from a grass cut! OMG kids should be left to be kids. If an accident was not caused by negligence(sp?) then leave it be.
 
I think we need to be careful; this was not a civil case about litigation and “suing”. It was a criminal prosecution. The two are very different. A civil case is about claiming damages – compensation, and is usually brought by an individual. A criminal prosecution is about breaking the law and may be brought by Local Authorities (as in this case), the HSE, the Police and others. The hearings are held in different courts and it is far more difficult to be successful with a criminal prosecution, the test being “beyond all reasonable doubt”, as opposed to a civil claim which is decided “on the balance of probability”. Criminal prosecutions against riding schools are very rare. Whilst insurance will pay out compensation it will not settle fines (think about driving - have a prang and insurance covers it - get a speeding ticket it doesn’t).

Believe it or not health and safety law is there to protect people from injury, pain and death – it’s not about mountains of paperwork – something the HSE are keen to point out.

Let’s turn to the newspaper article;

It says

“Dorothy Laflin , who has run the riding school from Braggons Farm for more than 20 years, was severely rebuked in court for a complete lack of safety measures - despite being reminded of guidelines just five months before the accident.”

A warning – but we don’t know which guidelines they were. They may have been:

Health and Safety Guidance for Inspections of Horse Riding Establishments and Livery Yards

“Published in May 2006, this document sets out current good practice for environmental health practitioners; licensing officers; vets and animal wardens and also provides a useful tool for both owners and managers of horse riding establishments and livery yards.

Supported by the riding industry’s major stakeholders, the guidance aims to fill a gap in existing literature and also provides useful checklists necessary to minimise the risk associated with such premises.
It recognises the need to strike a practical balance to reduce hazards without hindering the sustainability of the riding industry.”
http://www.cieh.org/library/Knowledge/Health_and_safety/Livery%20Yards%20Guidance%202006.pdf

The report goes on to quote (regarding the injured girl)

“She was not assessed by the defendant or given first aid.”

and

“The defendant failed to put in elementary safety procedures despite most of them being common sense. Failure to do so made this particular ride a high risk. The extent of this breach was very serious as the defendant ignored standard industry guidelines.”

If we take the “standard industry guidelines” to be those quoted above they say;

Regarding the Health and Safety at Work Act 1974

“‘IT SHALL BE THE DUTY OF EVERY EMPLOYER TO CONDUCT HIS UNDERTAKING IN SUCH A WAY AS TO ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THAT PERSONS NOT IN HIS EMPLOYMENT WHO MAY BE AFFECTED THEREBY ARE NOT EXPOSED TO RISKS TO THEIR HEALTH AND SAFETY’”.

The important words being “so far as is reasonably practicable”

It goes on to mention;

“PRE ASSESSMENT
Prior to the first ride or lesson, a competent staff member should make an assessment of a client’s weight, height, age and riding ability, to help ensure they are provided with a horse that meets their needs. Relevant medical information should also be obtained. Such information is often based on telephone conversations and will need to be substantiated when the client arrives. The strict insurance requirements of
many companies now demand that clients complete a written form to this effect.
Some riding schools give their ‘rules’ to clients in writing on arrival, e.g. procedures to follow and the need to obey instructions.”

And goes on;

“HACKS/RIDES/TREKS RIDING ASSESSMENT
In addition to some of the relevant factors in relation to attire, qualifications etc mentioned with regard to lessons there are other factors to consider when taking clients out for a ride or hack (a ride away from an enclosed area which may or may not include roadwork). Of primary importance is the need for the establishment to assess the rider’s capability for themselves. All proprietors have stories about people who claim they ride regularly yet mean they once rode a donkey on Blackpool beach! This assessment should where possible take place in an enclosed area. Only if the assessment shows the rider to have basic control e.g. in how to halt and turn the horse, should they be considered able to participate in a hack. More control and experience would be necessary for faster rides incorporating trot/canter work. The route of the hack will be an important consideration.
The practice of allowing complete beginners on rides/hacks on the roads and lanes is prevalent in some holiday areas in particular, however should be strongly discouraged. It would be preferable to take such riders around the fields and tracks of the establishment if available, with assistance. Alternatively they should be given a lesson in an enclosed area. Following the initial assessment, novice and experienced riders should be escorted by competent/qualified staff on rides. The risk assessment should take into account factors such as the amount and type of traffic they might expect to encounter, the temperament of the horses and capability of riders. Groups should be kept as small as possible, usually six or less. In many cases it will be necessary to have at least two competent escorts riding, one to ride at the front and one at the rear. Each should wear a high visibility reflective jacket. High visibility accessories, such as tail covers, and exercise sheets can also be worn by the horses. Ideally at least one escort would be a fully qualified first aider, and
a mobile phone or radio should be carried as a means of summonsing assistance/an ambulance. They should carry a lead rope as a means of leading another horse/rider if necessary.”

The newspaper report goes on to say

““In addition, magistrates appeared unimpressed by her failure to report the accident - and this serves as a reminder to other, similar businesses to ensure that any incidents are notified to the relevant authorities at the earliest possible opportunity.””

Again the horse industry guidance is clear.

ACCIDENT REPORTING AND INVESTIGATION - RIDDOR
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) certain events have to be reported to the relevant enforcing authority, in this case usually the local authority. This can either be done by sending form F2508 to the local authority directly or via the Incident Contact Centre. For bureaucratic reasons the latter is often preferable. Contact with the Incident Contact Centre can be made as follows;

telephone (0845 300 9923)
fax (0845 300 9924)
e-mail (riddor@natbrit.com)
internet (www.riddor.gov.uk)
post (Incident Contact Centre, Caerphilly Business Park, Caerphilly, CF83 3GG)

The employer must keep records of any of these events for at least three years. This is in addition to the requirement under the Social Security (Claims and Payment) Regulations 1979 to maintain an accident book. In practice however many premises will use the accident book as the method of recording both.
The requirements cover employees, the self employed, trainees and any other person on premises under the control of another and therefore includes visitors, members of the public etc. In the event of a fatality or major injury reporting must take place immediately. This would usually be by phone. The Regulations list in detail which major injuries would be included. Some of those more likely to occur in riding establishments/livery yards would be bone fractures (unless to fingers, thumbs or toes), dislocation of the shoulder, hip knee or spine, or an injury requiring hospital admittance for over 24 hours.
However, if a visitor, member of the public, riding school client etc sustains any injury arising in connection with the work activity, which results in them being taken from the site to hospital for treatment, this must also be reported by the quickest means practicable.
For example this would apply to clients falling off a horse, sustaining suspected concussion or fractured limbs and being taken by car or ambulance to hospital. This would be the case even if they were found not to have any injury and discharged within 24 hours. Conflicting advice is sometimes given about this issue but the ‘safest’ solution would be to report if in any doubt.
The enforcing authority have a wide range of powers associated with accident investigation including interviewing witnesses, removing evidence from the scene. It is therefore advisable that investigations of fatalities and very serious injuries take place without delay. The proprietor should be advised of the need to leave the scene intact to assist with this purpose. This should always be the case in the event of a fatality or very serious injury.
An element of common sense should prevail. Advice should be sought from the local authority or Incident Control Centre. In the event of a client falling from a horse whilst participating in a group lesson, resulting in a suspected broken wrist and taken to hospital the incident should be reported without delay, but the advice may well be to continue with the lesson. This is understandable given that not all enforcing authorities would wish to attend the site at all and many would not attend immediately. However in the event of a fatality the instructor and other clients would be unlikely to wish to continue in any event. In the event of an injury resulting in an employee being off work for more than three consecutive days (working or otherwise) after an accident a report should be made to the enforcing authority within ten days. Certain occupational diseases and dangerous occurrences are also reportable. Those which are most likely to occur in this context include
leptospirosis, tetanus and occupational asthma.

For those who have said what is the point of reporting accidents, the HSE have the answer on their website http://www.hse.gov.uk/riddor/index.htm

“Why should I report?
Reporting accidents and ill health at work is a legal requirement. The information enables the Health and Safety Executive (HSE) and local authorities, to identify where and how risks arise, and to investigate serious accidents. We can then help you and provide advice on how to reduce injury, and ill health in your workplace.”

The risks you take privately on your horses at home are your choice – for businesses they need to be able to demonstrate that they have done everything reasonably practicable – they have no choice.

The key legislation that our current system is based on - the Health & Safety at Work Act - isn’t new – it’s been there since 1974. Actually it’s not that difficult for businesses to comply and minimise the risk to keep people safe from pain and injury. No one, including me, wants to see riding schools close. They are the entry point to a sport and an industry for many that brings a lifetime of enjoyment. I don’t like to generalise, but whilst the horse knowledge and skills are excellent some lack the essential business skills. The industry has recognised this weakness and is addressing it by looking at additional training requirements as part of the Strategy for the Horse Industry in England and Wales http://www.ridingsafely.net/strategy.html

Of course accidents will happen when riding. It’s a medium to high risk sport. The moment you get on a horse there’s the potential to fall off. However, I would suggest that if some one is assessed, matched with a suitable horse and undertaking activities within their capability (and there is evidence to support it) that if they drop off and break something there would probably be no case to answer. After all client registration forms have the wording along the lines “I understand riding is a risk sport…..”

You wouldn’t put a beginner on a Badminton class horse and send them off around the cross country course – mind you because of the risk assessment and associated controls you wouldn’t be allowed to….

Is this case really any different?
 
Thanks for taking the time to post all that information and you are absolutely right. Despite all those guidelines, you can never predict what is going to happen with horses. They have minds of their own and even the most "bomb proof" schooler can spook at something. People should be able to appreciate that and take the risk that an accident might happen. Where I learnt to ride, the owner was the most careful instructor I've ever come across. It took almost a half-dozen indoor lessons before I was even allowed out into the all weather arena. And then it was two or three more lessons before I got to hack. She even insisted on doing basic dressage to assist in guidance and control. The complete opposite of where a friend got her tuition (if you can call it that). She was given a couple of lessons (the first in walk and trot, the second she got to canter!) and was then told she could go out on a hack. Well what happened? The horse took-off, she couldn't control it and was thrown. Luckily she didn't hurt herself too much and didn't take it any further. If the school she went to had been more like mine, then she probably would have been able to control her horse and thus avoided falling-off. I think the same applies to the centre in question here.
 
i know this riding school and from what i have heard it has now shut due to bankruptcy, but i cant confirm that. dorothy did run the place for the love of it and not for the money. she had had all her horses for years and years and some were positively ancient but they still loved a ramble round the countryside! in the holidays kids used to go up there all day for a price of £18 and they rode once in the morning and again in the afternoon and the experienced ones would help muck out in between etc. this was only a couple of years ago and there isnt many places you could ride twice for 18 quid. its a shame really. my opinion is ,if you going to get on a horse you will fall off it at some point and may get hurt.that is the risk you take.this woman sounds like she just dumped her kids off for the day.
 
I owe an awful lot to the owner of the last riding school I went to, about 8 years ago. She sounded a lot like this lady, doing it for the love not for the money, and got herself into terrible debt over it. We used to be allowed to help muck out, groom etc and this was the foundation for many of us who went on to own our own with knowledge of the basics we would not have otherwise had. A 13 I was grooming a retired (and very well manered!) stallion, I handled mares and foals, rode the ponies bareback to the field, etc etc, and I had my toes trodden on, was bitten and fell off more times than I care to count. The mistakes I made only served to make me learn from them and ultimately make me a better horse person. the only forms we had to fill in were when the government introduced "work permits" for under 16s because we worked for a free ride.

Did the owner I knew ever leave herself open like this one? Maybe, certainly I was sent out on a hack on a thoroughbred and ended up falling off into a ditch when she took me home at a gallop, but I don't begrudge anyone anything about that. At the end of the day I never turned a fresh horse for home then asked for trot again, and I eventually got to the point where I hacked her safely all over the place. I still think this case is a very sad example of litigation society.
 
Maybe I am bucking the trend here, but I absolutely think that this owner should have ensured the pre-assessment was carried out, ensured the child received prompt and proficient first aid, and that the accident should have been documented. Accidents do happen, but provided you take the appropriate steps to do all you can to prevent them, then there should not be any cause for a judge to find against the riding school. When I taught, I had people fall off occassionally, a couple were very nasty spills (we taught a full range of riding, including XC and hard fast hacking!) but they were accidents. We made sure to assess riders, and give them suitable horses, we were trained in first aid (most of us over and above what is required by law) and we kept detailed records of any accidents. On a couple of occassions, people tried to sue us, and on all occassions, it was found that they didn't have a leg to stand on, and that they were out for a quick buck!
 
I think if you choose to get on a horse and you get injured then you cannot blame the riding school. Nowdays people are filing lawsuits for everything and i think it is getting more and more rediculus.

I play football for my college team but we are not allowed to train with the mens football team because it goes against their insurance policies.

I say if you choose to partake in sports or hobbies where you could get injured then you cannot blame anyone but yourself for partaking in the first place. Obvsiously there are extreme circumstances, but i think this should be the general rule. But then again that is just my opinion.
 
Having run a RS I can sympathise with the owner.. sort of...
But, when you have a new rider come in, either for lessons or pony days (and the pony days often see new riders for that day only) then it is common sense, and every decent RS to determine the riders capabilities.
You cannot rely on the parents to be honest about their kids riding. Often, little princess can walk trot canter and jump, when in reality they bounce and jig all over the place.

The owner should have stuck her on a pony, to see her capabilities, then noting the kid couldn't trot, having a helper by the side to hold the pony etc etc...

The parents should have been contacted on drop off, to complete the forms, I would have called and insisted they returned, you can't just dump the kids off!

Yes, accidents happen, but I feel this one could have been prevented. As for reporting it to council; it is part of the licensing and insurance that you must, within ten days, report it. Even if that means several a week! Failure to do so negates the insurance
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You can blame the RS if they don't do things correctly, even if, as this one, was run for love rather than money (been there, done it) We still have a duty of care regardless.
 
Reagarding the comment "I still think this case is a very sad example of litigation society."

This case is not associated with litigation. It was a prosecution. The two are very different. Damages were not awarded - a fine was imposed.
 
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cannot play the piano because they might fall off the stool and brake a finger

[/ QUOTE ]


This made me laugh soooooo much!!
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My lil man is 10 months old and has sat on a pony twice...when he is old enough for lessons there wont be anywhere to take him!! So I will be reduced to buying him a pony and teaching him myself..(at least i get to buy a pony!!!)
 
I agree with Emma 69 and Queen of pink, yes riding is a dangerous sport, but in this case the owner was negligent, to not carry out a pre assesment and to take the child out hacking off lead rein, and not to check her over after a fall is crazy. Sadly the lady has put a nother nail in the coffin of reputable RS's. My old riding school closed due to increasing insurance, prior to this they had to stop so many things like riding bareback etc. Very sad.

10 years ago my daughter fell off her pony and broke her arm when having a lesson at the local RS, it was entirely her own fault and suffice to say all the neccesary paperwork was done and no action was taken, apart from severe ribbing for the next year or so!
 
Presumably if the owner of the RS had complied with the rules regarding paperwork, this case would never have come to court? So in a sense, she brought it upon herself?

Whether we like it or not, there are rules in our society. They apply to everyone, and if you abide by them, your life is easier.
 
Regarding the comment "that is awful, as others have said years ago this would not have happened, all ride at their own risk, simple, this should not be allowed IMO".

Let's put this myth that you ride at your own risk to bed. If you jump on a mate's horse at their home then yes, you do ride at your own risk. If you ride at a riding school then you do not entirely ride at your own risk. You accept some of the risk but the riding school is legally required to minimise and control the risk as practically and as much as they can without them having to go overboard on their part. Thus if they've assessed the rider, given them a suitable horse, give them a competent instructor, exercise control and get the rider to do things within their capability they've probably done all they need to do. If that person falls they probably won't be held negligent.

Oh and before some harp back to "the good old days" this assessment etc. happened at the place I learnt to ride at over 30 years ago. Except it wasn't labelled as 'elf and safety, more as good practice and professionalism. I'm glad I learnt to ride there. Yes it ran more like a military institution, but you were taught how to do things properly and safely. Unfortunately not all establishments at the time were so good. One horse nearly killed me. It was an instructor's horse who after my nearly being crushed to death and nursing broken ribs she told me they had used it because they were short of horses and if she took it to shows and it had a funny look in it's eye she didn't even get it out the box. Highly suitable for a novice! Another establishment had a horse that badly reared, frequently dumping riders on the ground and breaking bones.

These riding schools were clearly negligent. Was that really acceptable? Does it give a good image? Is that what the industry wants?

For those businessess that were "professional" at the time all those years ago nothing has really changed except now they have to get clients to fill in forms. A lot of that information is useful to them anyway particularly if they've moved into the 21st centuary and do some marketing!
 
The little girl who fell off had been expecting a riding lesson not a horrific chaotic ride off leadrein into open countryside without the knowledge or experience of how to control the horse. Then after falling at speed and smashing up her arm was left laying in the dirt and not checked and left to walk back the stabling and still was not checked, infact another child called the mother. Riding is a risk sport but 'comeon' when you are first learning it should be properly supervised! The council not the childs parents took this case to court and this was because of a persistance by the proprietor not to follow quidelines for health & safety and a complete lack of common sense. These type incidences had apparently been commonplace at this so called 'riding school'.
 
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