Who would be liable in this situation.

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shadowboy

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I did study law but am not sure about who would be liable in th following, so if anyone has any opinions or experience of a similar situation please let me know.
A horse is brought into the yard, owner of said horse puts it into the stable, but does not shut door or yard gate. Horse bolts out onto B road into an oncoming car. Car is damaged but not excessively and horse has various cuts but nothing more. Horse has never bolted before but yes- owner should have shut the door/gates! Now- what if that horse had been mine, but I had not brought it in- this other livery had done it- so i was not the one to have not shut gates etc, would I be liable for the damage or the livery who 'helpfully' brought my horse in for me?
 
IMO the person who brought the horse in would be liable, assuming that the person who brought the horse in was deemed of a responsible age, ie say over 16. if not then technically they cannot be held responsible for their actions (i think) . Also was permision given to the person who brought horse in or was it done as a nice gesture?

err.. did law as well, lol but been a while,

Would be interested in repsonses on this
 
I would say you as the owner are liable and it would be up to you to take action against the person/persons who brought the horse in (not done law but I would say thats the common sense approach)
 
I would say the Owner was, the other person who brought the horse in was acting as the owners Agent, assuming the agent brought the horse in with the owner's permission.

But forgetting about the Law, and just using common sense, then it's the fault of the person who brought the horse in and forgot to shut the stable door.

Whats that old saying again about shutting the stable door after the horse has bolted?
 
In typical lawyer esque style I'm gong to say it depends! You have to go back to the 'reasonableness test' (remember that old chestnut?!) - would a 'reasonable person' in that situation with the same level of experience have done the same thing? In my mind, anyone that knows about horses, would have the common sense to shut the gates so IMO, this person did not act reasonably.

It's been a while for me too, so if I'm wrong, sorry!!
 
Hm,, it is ahard situation, I just dont want to be liable sor thestupidity of others if you knowwhat I mean? She gets my horse in sometimes as a kind gesture.

I do remember the reasonableness test- and yes that makes sense- I have always closed gatesetc behind me, usually have two closed as a precaution, but she thinks she knows everything..... she hasn't even insured hers! Luckily mine is, I'm just not sure I want her kind gesture anymore as I dont want this to happen to me!
 
Don't know the answer but wouldn't the sensible option be that YO enforces a strict rule that when horses are being moved on the yard/fetching in/loading etc (at any time) then the exterior gates to the property must be shut at all times, no excuses? It soon becomes a habit if you're rollocked enough but your 'friendly' fetcher in person sounds a childish nightmare!
 
I am studying law at the moment. Will ask my seminar tutor on friday if i can as doing tort/ contract at the mo (stupidly signed up for CPE).
I think that possibly that you may be liable as the owner to the car owner but you wouldhave a claim against the YO.
But am very new to this so am just guessing will let you know if i can get an answer out of my tutor
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I'm not sure - I would have thought the owner - although the person bringing the horse in really should have a conscience and take responsibility
 
I would imagine from a legal perspective that sadly liability would fall on the owner
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I'm still shocked someone would be stupid enough not to shut the door/gate, thats just an accident waiting to happen, was just a good job it wasn't serious this time but I certainly wouldn't be letting this "helpful" livery anywhere near my horse in the future
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It is because of that sort of situation arising that I am not happy with other people moving Beau around as unless you are very firm with him he will take the pee.

Although in that situation, surely if it can be proved that the person bringing horse in has good equine knowlege but left the door open anyway then THEY are responsible. They knew how horses behaved therefore they should be held liable, besides the owner - but like if the owner paid for damages to car then the twit who left the door open could have a claim made against them for the payout for vet treatment and the payout for the car?
 
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Although in that situation, surely if it can be proved that the person bringing horse in has good equine knowlege but left the door open anyway then THEY are responsible. They knew how horses behaved therefore they should be held liable, besides the owner - but like if the owner paid for damages to car then the twit who left the door open could have a claim made against them for the payout for vet treatment and the payout for the car?

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Morrally, they may be - but that person may have no assets so it's not worth suing them. The Yard Owner may be severally liable, for allowing stupid twits to handle other people's horses - but at the end of the day the horse owner has complete liability for their horse - even if it wasn't their fault!
 
Was there not a case of someone going into a field and riding a horse bareback without permission and when they got hurt were able to claim from the horse owner?
 
It is the owner of the horse that is ultimately responsible (Take a look at the recent Mawhinny case) if an accident occurs. This is why it is essential that horse owners have third party/public liability insurance up to £10,000,000.

Yard owners need to have a system which ensures that their liveries have valid third party/public liability insurance up to £10,000,000.

Many policies do not give this level of cover but this cover is included in Gold membership of the BHS (British Horse Society)

However, the yard should also have public liability/third party insurance which cover them and any of their staff as well as a contract with their liveries which states that they must have third party public liability cover of £10,000,000.
 
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owner of said horse puts it into the stable

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But who brought it in? Ultimately though the owner put it in the stable, if somebody else brought it in, liability ended when horse was handed over. I would have thought that therfore it would be the owners liability, but the law is very strange
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