Sharing - No win No fee Risk?

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Mudfukkle

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Ok, I really need to know, is there a risk from a sharer/rider claiming on one of those "No win/No fee" compensation claims? If so, under what grounds?

I really need someone to help out as my mare is hardly getting ridden now, due to me working full time and having my poorly cushings mare still on box rest and high maintenance = me being too knackered to ride except at weekends.

So when running this past my non-horsey husband, he started to put the fear of Wotist up me, saying, what if they fell off and got injured, we could be sued :eek: Now my mare is a little sharp and spooky, but not dangerous!

Is there anyone out there sharing who has either experienced any problems? Or do you have to have extra insurance?

I am quite worried now - so can you either put my mind at rest, or direct me towards a path of lessening the risks?

Thanks peeps x
 
When I've shared horses in the past I've always had to have my own insurance (BHS gold membership is good for this) and signed a contract that states something along the lines of "It is understood by the Borrower that horse care and riding carry their own inherent risks and at no time can the Owner of the Horse be held responsible for any injury, loss or damage at any time except as detailed below" which would remove the owner from being liable in event of an accident.

The BHS website has a great sample loan agreement here - http://www.bhs.org.uk/ownership-advice/buying-and-loaning-horses/advice-on-loaning
 
Have a contract with the sharer that makes it clear that they need to have and maintain rider insurance - so if there were any accident they would be able to claim on their own insurance.
Horse riding is widely known and recognised as a 'dangerous' sport so people claiming they didn't know they could fall off and get hurt tend not to get very far.

Be honest in your advert tho, if she is a little sharp and spooky don't write 100% bomb proof suitable for novices ! or you be setting yourself up for some trouble.
 
I'm a sharer and would never dream of trying to sue the owner for falling off! Although I'm sure there would be some people out there who might consider it, especially if the owner was a bit negligent towards the horse (i.e. didnt have the horses saddle checked, teeth checked etc). But then again the chances of a sharer making a strong enough case that it was the horse in pain through a lack of care from the owner that made them fall off is pretty slim - more likely the horse spooked and off you come!

However to cover all bases have a contract - I have had 2 shares now and both times had a contract written up by the owner. You can put a clause within the contract to say 'the owner will not be held responsible for any injury to the sharer whilst riding or in presence of the horse (name xxxx)'. The BHS have a good sample contract on their website for sharing, alternatively get a lawyer to draw one up for you.

Also stipulate from your sharer that they must have their own insurance, a number of companies do rider insurance so they will be covered for any injury to themselves if they fall off. The owner of my share horse has rang his insurers and they have added me onto his policy as a 'named rider' almost so I dont need my own insurance, I'm covered through him for no extra cost which is brilliant.

Dont be put off from sharing - there are some great sharers out there and if you have the right contract in place you will be covered for any legal issues.
 
No win no fee was abolished a few weeks ago - but there are other ways around it. Sadly there is always a risk that you could be sued - not only by a sharer but by anyone who is harmed or suffers damage caused by your animal. Even if it was entirely thier fault. Not fair - but that is the law. Third party liability insurance is standard with BHS membership, most horse insurance , Riding club and pony club membership. If you really don't have 3rd party insurance you need to seriously think about it - but you may already have it!
 
I believe my horse insurance covers any rider, but I would want a sharer to have rider insurance too. I had an accident off someone else's horse which meant surgery and 6 months recovery, nobody's fault but my own!
 
I don't think some 3rd party liability policies cover a paying sharer so best to inform insurer and ask for the sharer to provide you with details of their own riders policy (which you might want to claim against).

And for those that say they wouldn't sue, life is not always that straightforward unfortunately. It would depend on the circumstances but if you were to receive an injury that prevented you from working and earning money to pay rent, bills etc and you knew a person had insurance that covered your loss, what would you do?
 
The best thing you can do is make sure you have insurance and that your insurers are aware that you have a sharer. Have a contract with your sharer that expresses any payment as a contribution to costs not a payment for rides and include a term that requires the sharer to have their own insurance and make sure you see evidence of the policy. That should minimise the financial risk to you byt it is always possible to be sued, even if your horse never leaves the field
 
BHS have an excellent contract that you can amend and use. It covers all the things you need to think about, including insurance. Be honest about horse and get all parties to sign contract whoever you are loaning to - even family or friends!
 
Big thanks for all the replies. :)

GG2B & Old jumper, thanks for BHS form advice, I have now downloaded the form and I can see that it can be amended to suit. I am a BHS Gold member and I don't know why I didn't think about looking there first doh, I think it's because I thought the form was only for full loan.

Kateo, I agree that there are always some circumstances where you would look to make a claim. I'm old school and years ago, things like this did not enter anyone's mind - I used to ride all sorts of dodgy beasts :D and didn't bat an eye lid, nor did the owner - nowadays you daren't let anyone else on a known rearer/bucker for fear of a lawsuit, how times have changed!

Anyway thanks again folks, this has been really helpful xx
 
When I had a sharer they signed an agreement stating that they accepted horse riding was dangerous and all the adherent risks and that they had the experience they said they had etc and that they willingly handled and rode horse of their own doing. They also had to have their own insurance.
 
Mudfukkle said:
Ok, I really need to know, is there a risk from a sharer/rider claiming on one of those "No win/No fee" compensation claims? If so, under what grounds?

I really need someone to help out as my mare is hardly getting ridden now, due to me working full time and having my poorly cushings mare still on box rest and high maintenance = me being too knackered to ride except at weekends.

So when running this past my non-horsey husband, he started to put the fear of Wotist up me, saying, what if they fell off and got injured, we could be sued :eek: Now my mare is a little sharp and spooky, but not dangerous!

Is there anyone out there sharing who has either experienced any problems? Or do you have to have extra insurance?

I am quite worried now - so can you either put my mind at rest, or direct me towards a path of lessening the risks?

Thanks peeps x
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I think it is a valid concern / worry.

I had a sharer for one of my horses once - a well schooled competition horse, who could be a little cheeky. Sharer was a friend and a capable rider. One day she landed on her head out hacking and was airlifted to hospital (thankfully just concussion and no lasting damage).
Now I had 3rd party liability insurance, as did the rider. There was never any question of claiming/suing as she was ok and a normal/realistic person aware of the risks.
BUT it could have been a different story .....
 
You've made me think. I have a horse on loan, for which I have a full agreement using the BHS template.

I have a sharer for our outgrown pony but have no contract for that as it's a share as opposed to a loan. I did say they would have to have their own rider & liability insurance. But I am now thinking that I do need this in writing. Thanks for the heads up!
 
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