Simply Outrageous - horse owners beware!

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Silent Knight

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A few months ago I made a post about some teenage girls who climbed into my horse field, without permission, mounted one of the horses (no saddle and bridle) and fell off.

I said that I would update when there was more info. Well it has been that long because there was nothing to report until today.
The police were not interested as the horses had not sustained injury, although they were distressed. So they could not press any charges.

However, today I have received a solicitors letter from this girl who is apparently suing me for damages 'as my field was not secure'! The barbed wire fencing, post and rail and padlocked gates could not keep her out and therefore I am liable and should pay her compensation!

I am flabbergasted!
 
This sounds very surprising. I am even surprised a solicitor would take this on.

If I were you I would delete this post, not discuss this online anywhere and seek legal advice asap (are you a member of the BHS?). I would think that she wouldn't have a case but since she is threatening legal action you need to take this seriously.
 
Agree, ask for this thread to be deleted and call BHS helpline. Ridiculous but people have succeeded with more bizarre claims than this, so make sure you arm yourself with qualified knowledge and assistance and update us all when you have an outcome.

I sincerely hope it goes the way it should.
 
The law is a total @ss in this country, so unfortunately I am not surprised one jot at this.

Yes it is a "ridiculous" claim, BUT so are a great many other totally idiotic legal claims that this country seems to favour entertaining.

Agree with "jingleSmells" above: unfortunately OP you WILL have to take this seriously - and make sure that you are fully prepared. Unfortunately it looks like you may need to instruct a solicitor on this one; I'd also see what help your insurance company can give you, plus any memberships like NFU or BHS that you hold.
 
What has this country come to! I would file a claim against her for tresspassing and emotional distress (yours and horses!) how about criminal damage also as i presume she would have trampled across your grass to get to get to the horse!

Madness!
 
Just pass it on to your relevant insurer if you are insured.
It will very likely be discontinued in light of relevant case law/ precedent.
Get this thread removed, pass the correspondence on and think no more of it.
 
write a letter back to the solicitor explaining how your dog chewed the letter up and you can only read the letterhead, make the silly bitch pay for a few solicitors letters,,,erm and as the others say seek some advice in the meantime.
 
As I said do nothing more than pass it on to insurers. Don't reply, don't acknowledge it.
Just by the bye did you notify your insurance company if you have one of the incident at the time? You should really have put them on notice of any future or possible claim at the time the incident happened. I am sorry about this but this is the way of the world these days.
You have a good defence under the Animals Act - "The Animals Act provides a defence for the keeper of the animal where the damage was due wholly to the fault of the claimant or where the claimant voluntarily accepted the risk of injury. Contributory negligence is also a partial defence so the court may apportion liability between a claimant and defendant according to their respective degrees of blame."
As I said do nothing more than pass the letter onto your insurers, I'm assuming you are insured.
 
luckyoldme said:
write a letter back to the solicitor explaining how your dog chewed the letter up and you can only read the letterhead, make the silly bitch pay for a few solicitors letters,,,erm and as the others say seek some advice in the meantime.
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I'd do this! :D

I certainly wouldn't just pass it onto the insurers, as they'd more than likely pay out and if be wanting to make a stand here.
 
katherinef said:
As I said do nothing more than pass it on to insurers. Don't reply, don't acknowledge it.
Just by the bye did you notify your insurance company if you have one of the incident at the time? You should really have put them on notice of any future or possible claim at the time the incident happened. I am sorry about this but this is the way of the world these days.
You have a good defence under the Animals Act - "The Animals Act provides a defence for the keeper of the animal where the damage was due wholly to the fault of the claimant or where the claimant voluntarily accepted the risk of injury. Contributory negligence is also a partial defence so the court may apportion liability between a claimant and defendant according to their respective degrees of blame."
As I said do nothing more than pass the letter onto your insurers, I'm assuming you are insured.
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This. Do not go direct to a solicitors without seeking advice from your insurers or the BHS first, otherwise you could end up in a downward spiral costing you £££££!
 
Are you sure it is a legitimate solicitors letter? Contact the solicitors and verify it's authenticity then get yourself a meeting with another solicitor you usually get the first one free. then see what they say about contacting your insurer. but be weary about contacting your insurer as it might be counted as a claim on your insurance regardless of if anything comes of it.
 
EffyCorsten said:
Are you sure it is a legitimate solicitors letter? Contact the solicitors and verify it's authenticity then get yourself a meeting with another solicitor you usually get the first one free. then see what they say about contacting your insurer. but be weary about contacting your insurer as it might be counted as a claim on your insurance regardless of if anything comes of it.
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agree with this too may be her trying to scare you and get money out of you.
 
SnowOnSnow said:
I'd do this! :D

I certainly wouldn't just pass it onto the insurers, as they'd more than likely pay out and if be wanting to make a stand here.
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You could make a stand and be prepared for a Judgment against you which could be many thousands of pounds. Don't even call the solicitors to verify their authenticity - I cannot stress enough - do nothing yourself but pass on the correspondence.
 
you will always get a free no obligation meeting with any good solicitors and they will give you all the information you need and tell you if it is even possible for her to sue for this.
 
The issue isn't so much can she bring a claim - the short answer is, yes! - its a question of whether she will succeed. As I said there is a valid defence to the claim but I really would just put it in the hands of insurers - I'm assuming there is an insurance policy covering third party liability here - and then think no more of it. I am concerned however that if there is an insurance company involved and they weren't notified of the incident at the time - again, assuming facts here - they may use this to avoid any involvement. Not necessarily so but I've known it happen.
 
SnowOnSnow said:
I'd do this! :D

I certainly wouldn't just pass it onto the insurers, as they'd more than likely pay out and if be wanting to make a stand here.
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That's would be a really silly thing to make a stand out of unless OP is made of money a solicitor will cost anything from£150 to £500 pounds an hour and if it went against OP she will have to pay the damages and costs and this is exactly what your third party insurance is for to use in these sort of situations .
I doubt the insurance will just pay out on this anyway I think they would be likely to fight it.
 
She has used one of those scanky no win no fee solicitors. I have passed this on to my insurer. Thank god I have one! The thought of having to sell my home to pay off some scrounger makes my blood run cold.
Thank you for your posts, they have given me a little comfort. If you own a horse please, please, ensure that you have third party liability, even if your horse is not ridable. The world has gone mad.
 
You've done the right thing. Don't get me wrong I have every sympathy for you but there's a good chance it will be withdrawn. They might pay her out a few quid to send her on her way but given your gates were locked etc, she was there without permission/ knowledge of yourself etc, I think this would be one to defend. She probably got one of those calls "have you had an accident in the last three years" and saw an opportunity. Also the tide is turning in the world of equestrian claims and its being accepted that if you get on a horse you accept the risk you're going to fall off and therefore may get hurt. Think no more of it.
 
SK good luck and don't worry about it that's what insurance is for .
If you would let us know how it comes out I for one would be very interested to hear.
 
I hope your right. If the claim is correct then we all need to have our horses surrounded by 5 foot chain link fencing. I really want to fight this. Paying her even a pound would be rewarding her for her ridiculous behaviour.
 
Considering the judgement recently which said that someone who knowingly mounted a horse would not get any compensation because she had accepted the risks by getting on in the first place, I wouldn't worry too much once it is in the hands of your insurers.
 
zaminda said:
Considering the judgement recently which said that someone who knowingly mounted a horse would not get any compensation because she had accepted the risks by getting on in the first place, I wouldn't worry too much once it is in the hands of your insurers.
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Yep that's the one I'm thinking of.
 
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