right to safely enjoy livery facilities

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hackedoff

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This evening I had a nasty accident that could have been worse. In order to feed my horse I had to pass an obstacle that was extremly hazardeous and frightenting to any horse. Hazard was about five foot from the only field gate. My horse wouldn't pass it so I fed him by the field gate. As a result of an explosion from the hazard my horse paniced. Hit me causing me to somersault in the air about 6 to 7 feet . I now have an injured elbow, bruising and cuts to my back and hip and sever neck ache. I was also knocked unconcious.

My main issue is that having pointed out to the yard owner that putting such an obstacle by a field enterance is asking for an accident to happen. This is the only enterance and used by young children. Yard owners answer was that if hazard is there I shouldn't feed my horse or expect to be able to have access to or bring horse on or of yard. I have pointed out that I pay to ve able to keep my horse on the yard, haver access to and from the field and ride my horse when I wish. Is it me ? Am I unique that I expect safe access and quiet enjoyment of services that I pay for? I work in a service based industry and would be out of work pdq if I offered this level of service. Sorry for oblique explenation of obstacle *n I'm considering legal action so don't want to go into full details.
 
What kind of obstacle explodes
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?!? If it was a bomb yes I think you could take legal action
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Hope you're ok though
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Hhhmmm! it's a tricky one, I'm sorry you got hurt, but...

I have a livery yard I run from home so it firstly my home secondly I rent out a few stables to others but they have to fit around me! I will help out though if I can to keep people happy - If I can, if not they would have to find somewhere else.

If that was my yard I would have said sorry to you and moved the 'obstacle' if possible - I'm not sure if that helps
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I amassuming the "exploding obstacle " was one of those stupid bird scarer things or similar- though if it isn't, i'd love to know what else might explode (an angry grandparent, perhaps??). I wouldn't stay on ayard where there was one of those clsoe by the yard, i would just move.
 
oooh I really want to know what kind of object toooo.
And, if the yard is running as a business I expect they have some duty of care to you as a 'client' yes. But the nature of the object would have to be proven to be known to be dangerous in advance of an incident and not just a scary horse eating tractor.
 
As said I don't want to give too many details on line as may take action. This is a big yard of over 20 horses, so IMHO a business so should have basic health and safety measures in place. I haver ridden and owned horses for over 32 years and can way up risks. I'm this case I had no choice but to stand near this hazard with my horse. Added to the recent inability to get horse out of field when he had a tendon injury foir a week due to farmer blocking only field acces I am conbsidering moving. I find it so frustrating though, I pay on the nail, don't stir, like the yards loaction and horse is otherwise happy. I sympathise with the Y/O above re can't please every one - it must be difficult but some common sense around horses from my Y/O would be welcome!I have had a bad scare, it could have been worse. It wasn't a birtd scarer
 
Nor a tractor
.Will stop posting shortly neck killing has affected brain!
. I actually work with legislation day in day out, but feel I could get embrouiled in something to ne benifit to anyone. I suspect Y/O will either gfive me a wide birth or start snipping - prob former. Point is I didn't get an apology and I suspect things wonrt change. Other fear of course is repressalse to horse. Not from y/o but staff and other liveriers. Oh for land of my own!
 
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Nor a tractor
.Will stop posting shortly neck killing has affected brain!
. I actually work with legislation day in day out, but feel I could get embrouiled in something to ne benifit to anyone. I suspect Y/O will either gfive me a wide birth or start snipping - prob former. Point is I didn't get an apology and I suspect things wonrt change. Other fear of course is repressalse to horse. Not from y/o but staff and other liveriers. Oh for land of my own!

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Of course, we don't know what the obstacle was...for some reason I assume it might have been a fire of rubbish etc.

We have liveries and run a working farm. Due to the nature of our business, we will have large farm machinery "on the go" at certain times of the day, or require access with machinery in and around the yard close to the stables/fields.

Whilst we would always endeavour to "switch off" if myself or the livery were walking their horses past any tractors, JCB's, blah blah, there are always the odd occasions when the job we're doing means our concentration is on the task at hand and we might not see/hear the horse and handler (be it myself or the livery) approaching.

I always think of myself as a livery in those situations and decide that I am aware my horses are stabled on a working farm and therefore have to appreciate that I may come into contact with livestock, tractors etc during my day to day activities with the horses.

I would suggest you move to a yard that better suits your needs and runs solely as a livery yard...before you commence legal action.
 
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I don't think legal action is the way forward either. If I don't like something about a yard I'm on, especially if I can see it causing an accident, I raise the issue with the staff. If they sort it I stay, if they don't sort it I leave, or accept the risk. Sorry but I think you were aware of the risk you were taking being near this object when your accident happened. You can be disappointed your yard weren't more willing to move it, but you can't blame them for what happened to you when you chose to go near this spooky thing, you could have changed yards.
 
I do sympathise and understand the OP's feelings, especially when they're sat at home battered and bruised.

I was meaning, however, more that I suggest the OP moves to a new yard before making her claim.....as I suspect the YO might well ask her to move on if she commences proceedings to sue them for the accident.

I know I would certainly consider asking her to leave. After all, if they have sued once, it's liable they'll sue again should anything else happen. It doesn't necessarily mean they'll "learn their lesson" and change their working practises....maybe the nature of their business means they can't - especially if the explosion was farming related somehow. Take us. Just suppose we're sued because the tractor driving past spooked a horse who then knocked their owner over. How can we possibly prevent that happening again? (I do, however accept that this accident may not be that simple and it's possible it could have/should have been prevented. We don't know the full story.)

It's more likely to make them think "having liveries isn't worth the hassle per se". Seems alot of YO's give up running a yard after a case is made against them. Rightly or wrongly it could well result in there being a shortage of livery yards in years to come.


(It makes me think of yesterday's thread I made though about the risks of people on your land...everyone is quick to think "Right I'm making a claim", which is why us "miserable farmers" are not so keen to let people on our land full stop. We cannot afford to risk an accident happening that results in us losing our business to pay compensation for a claim made against us)
 
Fwiw I had absolutly no choice to be near the object, placed about 5 metres from only access point to and from field. I have no objection to normal day to day hazourds such as tractors, jcbs etc. Horse is very experienced. This was sheer thoughtlessness by y/o and y/o made it clear that the hazard would remainj where it was. One of my fears is being blacklisted as a trouble maker.y/o's in my area basically have liveriesa over a barrell...
 
TBH I'd move, not because of what happened today but because you were unable to remove an injured horse from the field for a week (That's if I read the post correctly). This is unacceptable.
Has your YO apologised for you being injured? I assume they are aware you have been injured due to their thoughtlessness?
My YO's are not horsey and do all sorts of things of inconsiderate unintentionally.
 
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TBH I'd move, not because of what happened today but because you were unable to remove an injured horse from the field for a week (That's if I read the post correctly). This is unacceptable.
Has your YO apologised for you being injured? I assume they are aware you have been injured due to their thoughtlessness?
My YO's are not horsey and do all sorts of things of inconsiderate unintentionally.

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Absolutely agree. I find it hard to understand how/why you would be prevented from removing a horse from a field for a week. What did they do to make removal of the horse physically impossible?

I'd have moved sharpish had that happened to me. Absolutely unacceptable in my opinion.

My other reply wasn't to belittle your accident/injuries. I was just pointing out that I would move before my YO had a letter fall through his mail box regarding my intent to sue.

Then again, I am completely non-confrontational.

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