Where would I stand if..

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Daphnelia

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.. my mare kicked a child because said child brought food into the field after expressly being told not to by me? Just interested, luckily it hasn't happened yet, but it is usual practice for children at the yard to bring buckets of mix into the field to catch the ponies, not that its needed, I can catch any of them without it and sure they could too. My mare will get aggressive with other horses to defend her food, and I can see an accident occuring. One more thing for me to worry about!
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speak to YO?

I think if the child is taking food into the field and YO has told them not to, and they got kicked, then it would be their own fault.
 
I think the law would see it differently. Its a bit like a child getting onto a railway line. The railway company needs to ensure they cant.

Think it would be similar here. Its no good telling a child as they are always going to be tempted by horses. You need to physically prevent them getting in.

Sadly, whilst it doesnt seem fair, if the mother sued you for your horse injuring her child, then you would lose. You could possibly argue some contrib but would depend on age of child.
 
Put a large laminated sign on the gate so that it is clear that they are NOT to take the food in.

I think thats as much as you can do, but then at least you can prove that you made it clear. Nothing will ever stop people doing things that are stupid though.
 
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.. my mare kicked a child because said child brought food into the field after expressly being told not to by me? Just interested, luckily it hasn't happened yet, but it is usual practice for children at the yard to bring buckets of mix into the field to catch the ponies, not that its needed, I can catch any of them without it and sure they could too. My mare will get aggressive with other horses to defend her food, and I can see an accident occuring. One more thing for me to worry about!
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if you have decent ins then dont worry about it.....
 
See its such a lovely yard though, and the horses are so happy there, particularly my gelding who is a nervous sort. I will speak to yard owner to voice my concerns. Thanks everyone
 
I know, but the as the law stands you would be found responsible. Ive dealt with claims where children have trepassed on the roof of a disused building and fallen through, despite signs, fencing etc etc and still lost the case!!! Horses would be considered a temptation and it is down to the adults to prevent them from being put in a position of danger.

Its frustrating. Hopefully you wont need it, but as JM07 says, make sure you have insurance. the last thing you need is the hassle and expense of a claim against you, believe me!
 
How old is the child? Do they have their parents with them?

If the parents aren't there, who is in charge of them? YO?

YO *could* in fact be liable!
 
could you not seperate your horses from the other horses the children are trying to catch? then there would be no need for said children to be anywhere near your horses, and they certainly should not be feeding your horse without consent! know the feeling with old fashioned yo though.... its such hard work!!!
 
I would say that the YO was liable. In that case with the child that got kicked whilst catching ponies it was the YO that got sued not the owners of the horses.
 
It does all depend on circumstances, age of child, level of supervision etc etc. However, you know of your horses tendancy to become protective and potentially injure someone. Failing to do anything about it would put you in a poor position. Agree, YO could also be found to have some responsibility, but it all depends on all the circumstances. Difficult to judge....hopefully you wont need to!

I would move yards. You wont be able to stop these children, especially as it sounds like you have told them many times. Is there no way you could put your horse in a field on his own?
 
there isn't no. Tbh I dont want her on her own, not fair on her. Perhaps I havent described her behavious accurately. If she is fed in the field, and another pony comes up to her to steal her food, she will lunge at it and bite it. I have seen this behaviour in most of the ponies in her field, and beleive it is pretty normal. She is never aggressive with people, just ponies when needed to defend her food. In my eyes its normal behaviour, but people are so lax at the yard that no one else seems to care about the danger of some blissfully ignorant child getting caught in the 'crossfire' so to speak. It is certainly not just my mare who is potentially a 'risk'.
My gelding on the other hand positively gives his food away
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I always feed them outside the field away from others. Its kids coming in with buckets of food to catch their ponies that is the problem. I will mention it today and hopefully something can be done, we will likely be moving to our own land (with a school
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) in the summer anyway
 
I have a similar problem with someone taking a feed bucket into the horses field. I've told him repeatedly not to, and last time Chex was very close to squashing him flat
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. Hopefully he's learnt his lesson now. I don't see how its my fault if he gets hurt, I've warned him enough times.
 
Do you actually feed your horse in the field? That is something that has always been banned at all the livery yards I've been at as it is so dangerous.
 
It really is a problem isnt it! Whilst I agree with everything you say in principle, try & look at this from a different angle.
You are a livery at this yard just like the kids are. So I 'think' that it would definately be frowned upon to actually say to any one else dont do this & dont do that where my horse is. When all is said & done the kids are doing what they feel is right to catch there own ponies. Even worse, the YO seems to accept this as a reasonable situation. So I think that unless the YO makes this a written rule for everyone you will not have a leg to stand on. If YO does make it a rule, then I guess the parents will start on why is the other livery getting what she wants? Do you see where I am coming from. If it was a simple matter of kids from outside going in to feed horses, then I feel you would be in a better position. They might also add that you have admitted your horse might do them damage. (not helpfull) I hope you get it sorted out.
PS I am not trying to be antagonistic, just simply looking from a different angle.
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The YO would be liable, initially. YO should have PLI in place to cover themselves. However, if the horse owner was proved neglegent, ie. said horse was known to be a danger at certain times, then the liability would fall on the owner. If you and the YO are covered up to say £10,000,000 this should be sufficient to cover you both.

And yes, the law is an ass!
 
I remember in a magazine there was a case where a livery had damaged her trailer on a gate that could not be latched back properly. They had told the YO that there was a problem with the gate but it wasn't fixed. They wanted to claim from the YO for the damage but the article said that they wouldn't be ablt to as they were aware of the fault but continued to go through the gate. I think that you would have to take reasonable precautions as you know there is a problem with your horse and food - talk to the YO, the children and parents together possible - and maybe ask for your mare to be moved? After that I wonder if it would be a simlar situation as the broken gate if you get my meaning? HOWEVER - I'm a teacher, not a lawyer
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Its all very different when children are involved. Up to a certain age, they are not usually held responsible for doing stupid things...even if its obvious.

I think any claim would be brought under the Animals Act anyway and that means it is the owners responsibility, regardless of negligence.

I would be wary and can see why you are concerned. Its very difficult on a yard where other peoples children are around.
 
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Could you get some other liveries to go with you and ask the YO to make a Rule that feed is not to be taken into the field, and explain why. I know you said YO is old, but would pressure from a number of people make him/her reconsider?
 
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However, if the horse owner was proved neglegent, ie. said horse was known to be a danger at certain times, then the liability would fall on the owner.

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No, sorry, I don't think so. There would be no "negligence" to be proven over this. If they were suing the owner of the horse it would be under The Animals Act, in light of Mirvahedy v. Henley, so there is strict liability.

I actually think, having heard more details, that the likelihood is that they would sue to YO under the Occupiers Liability Act. They would be at greatest risk, not the horse owner.

OP, get BHS gold membership to cover yourself if you haven't already. I would also speak with the YO and childrens' parents and voice your concerns. Tell them also that if they continue to take food into the field and as a result your horse gets kicked YOU shall be suing them!
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