Where do I stand if my horse bucks a viewer off?

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Flowersblossom123

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Hi all.

I have an 8 year old WB which I am selling. She's not a nasty mare but is on her toes and can buck.

I have a potential buyer coming to see her next week and just wanted to ask the above question. I have been totally honest and said she can buck etc.

If she does chuck her off and she hurts herself, where do I stand if they decide to go down the legal route? Would they have a leg to stand on?

Thanks.
 
I'd print of the advert that they responded to where it says that she can buck and just tuck it away somewhere.
Surely if they've come to view something that is stated on the very advert that it bucks and it does buck them off - it was their risk?
It would be like me ordering a 50 inch tv and suing the company for it not being as advertised when it arrives at the stated 50 inches.
 
I would think it would be at the purchasers risk. There was a case a while ago where someone trying a horse came off and tried to sue the owner and the court ruled in favour of the owner. It was stated that the buyer had known the risks involved so therefore didnt have a case .
 
They will ask you to ride it first, presumably. There is a big difference between a playful buck and "I am going to get you off" buck but I think you should warn them!
 
I was going to be flippant and say stay hidden behind the shed. But I would ensure you clarify what your advert has stated just in case a pal has just passed on the details verbally.
Recommend they wear a BP then you can't be fairer.
 
Does the ad say she can buck, or have you only told them verbally? If the latter, I would get them to sign something to say that you have told them she is sharp, and has been known to buck. These days it is all about covering ones behind!!
 
Thanks for the advice all. Zaminda - I did think about doing something like that, but though is it a bit too OTT? It's not written that she bucks in the ad, just that she's forward going.
 
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It's not as simple as that .
I have been seriously injured at a viewing and I did have a case agaisnt the seller ( my OH took serious heavy duty advice ) I felt that I did not want to go that route.
You must must have insurance just in case .
You must make it very very clear the horse bucks .
In my case The seller admitted after the fall while I was waiting for the ambulance that the horse had done what it did before and it had not been ridden for four days they also had no one esle to ride it before and I should just have left hey ho you learn by your mistakes .
 
zaminda said:
Does the ad say she can buck, or have you only told them verbally? If the latter, I would get them to sign something to say that you have told them she is sharp, and has been known to buck. These days it is all about covering ones behind!!
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If someone can prove you where negligent ( and that's an if) a disclaimer can only prove they knew there was a risk.
 
Personally, I would avoid making them sign a disclaimer. It wouldn't put me off if I was told a horse bucks, but being asked to sign a disclaimer would make me likely to walk in the opposite direction!

Make sure you are insured and you have been honest with the buyer. Horse riding is a risk sport, the buyer should be aware of that!
 
O I see.

I think I would get it for my own piece of mind if I was expecting a few people to come and try my horse :)

Shouldn't cost much, it's the cheapest part of horse insurance :)
 
Jesstickle said:
O I see.

I think I would get it for my own piece of mind if I was expecting a few people to come and try my horse :)

Shouldn't cost much, it's the cheapest part of horse insurance :)
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To be honest I probably will for my next horse, just seems a bit silly paying for it now if she will be sold in a few weeks!
 
3rd party cover would not cover for this unless specifically stated as, in general a horse insurance policy covers whoever has been given permission to ride the horse ad if they were the policyholder. Therefore it would cover them if they had an incident involving a 3rd party whilst they were riding/trying your horse but it would not cover them for injury to themselves. God, what happened to the days where you just tried a horse out st your own risk? I have been thrown off whilst trying a horse before. In hindsight I should have never got on after seeing the horse rear exceptionally well with the owner/dealer!! Disclaimers aren't worth the paper they're written on so I wouldn't bother with that either, you'd be best off recording yourself either on video or something telling the prospective buyers and them acknowledging what you have said!
 
Goldenstar said:
It's exactly what your third party is for.
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Third party covers only damage or injury to a third party - in this case the rider is NOT a third party unless yor third party policy covers for accident and injury to any rider as well most don't. I have separate rider insurance which means I am covered when trying or generally riding anyone's horse .

Cross post agreeing with the above!
 
3rd party....not the rider, but perhaps a completely uninvolved driver or walker harmed by your horse.

Simple is...I always got the owner to ride the horse first, I have refused to get on something I felt was not safe before but if I had a horse with a known vice, I think it would be safe to be a little more prescriptive with your warnings,
 
Luci07 said:
Simple is...I always got the owner to ride the horse first, I have refused to get on something I felt was not safe before but if I had a horse with a known vice, I think it would be safe to be a little more prescriptive with your warnings,
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Sorry, have just come into this. Agree with above basically.

Personally I'd never ever get on a horse at a viewing without seeing the owner (or someone) ride it first; but that's just me.

Plus if I was coming any distance to view a horse, I'd want to be told before making the journey that there was a likelihood that it might bronc.

But that's just me; I know that I have quite a marked degree of self preservation:) and wouldn't be able to deal with a horse that bucked, for whatever reason (OK so it may be down to back issues/saddle fit, BUT I still wouldn't be wanting to take that on and would appreciate being told very clearly beforehand that it may buck).
 
I would phone NFU or someone, maybe SEIB, and ask for cover to specifically cover viewings. It may cost you £100 but imagine the stress, let alone the potential financial loss, if she dumps someone and they are seriously hurt.
 
MiJodsR2BlinkinTite said:
Sorry, have just come into this. Agree with above basically.

Personally I'd never ever get on a horse at a viewing without seeing the owner (or someone) ride it first; but that's just me.

Plus if I was coming any distance to view a horse, I'd want to be told before making the journey that there was a likelihood that it might bronc.

But that's just me; I know that I have quite a marked degree of self preservation:) and wouldn't be able to deal with a horse that bucked, for whatever reason (OK so it may be down to back issues/saddle fit, BUT I still wouldn't be wanting to take that on and would appreciate being told very clearly beforehand that it may buck).
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I agree with you. I would not expect anyone coming to see any horse of mine to ride it without seeing it being ridden first, and nor would I get on something I hadn't seen being ridden first. I have been more than honest with the buyer and said she can do this that and the other. The horse is in no way nasty, they are just 'yahooo!' bucks :D
 
Having had horses for 30 years anyone who thinks their horse will never buck , all I can say it must have wheels or a rocker. I have three pony club schoolmasters which have taught numerous children and adults to ride but in given the right circumstances, usually excitement or a Mad March day, they are all capable of putting in a buck, but I would not class this as a vice or anything than normal horse behaviour.
I think the circumstances of the buck and the severity determine whether you would want to purchase it. When viewing a horse. I always see it ridden first and if they have no one to ride it walk away. If a horse puts an odd buck in and it puts the buyer off they are not the right buyer anyway, in fact should they be buying a horse?
 
I think I would have to re-iterate before they got on, with other people present as witness/s that the mare has been known to buck therefore it's ride at your own risk.

MAKE SURE THERE ARE OTHER PEOPLE PRESENT! And someone from 'your side' as well as theirs.

They may even have rider's insurance which should cover them.
 
I would be finding out why the horse bucks and sort it - its either pain or behavioural, either way I think that you shouldn't be passing on a 'problem' unless you are pretty sure the next owner has the ability to sort it unless you want to find it in the abattoir queue. Poor horse.
 
canteron said:
I would be finding out why the horse bucks and sort it - its either pain or behavioural, either way I think that you shouldn't be passing on a 'problem' unless you are pretty sure the next owner has the ability to sort it unless you want to find it in the abattoir queue. Poor horse.
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She really is very unfortunate living in a 10 acre field with all of her buddies, being spoilt rotten and being ridden once a week.

I'm sorry but I couldn't take this comment very seriously. If you read my previous posts, you'll see I say she bucks out of excitement. I think people have got it in their minds that she is a dangerous loon. I'd like to clarify that this isn't the case at all. She has perfect ground manners, is fab to hack and isn't phased by anything. Once in a while she can get excited and put in a "wahooo let's go!" buck. That's all.
 
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