Whose responsible? Fractured collar bone....

I did exactly the thing earlier this year. Horse slipped/tripped, fell over and I broke my collar bone. Wouldn't have thought about sueing YO, how stupid!!!!
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Riding is dangerous. Sh*t happens.

However my YO then made the rule that U16s have to be supervised, so I moved off the yard. Am at a better one now though, so no hard feelings
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QR

It's about time people started taking responsibility for themselves and their actions, and actually thinking for themselves too.
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I can see both sides - that the rider should take responsibility for their own actions and that the YO has a duty to try and reduce the likelihood of accidents.

The accident in question sounds like just that, an accident.
However a wise YO should protect themselves against not only being sued in a civil court but the chance of criminal prosecution by the Health and Safety Executive by making sure that all the boring risk assessments etc and paperwork are up to date if only to ensure that their PL insurance will pay out.....which it won't if the statutory requirements aren't in place.

There are too many yards that have no consideration for the safety of their customers (yes, those people they take substantial amounts of money from every month!) and even worse, by their inaction and ignorance allow inconsiderate liveries to endanger other liveries and visitors to their premises.

I work in (and prepare more RA's then I have hot dinners
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) one of the most regulated industries in the country - catering - and I look at many livery yards and am horrified at how slack they are at following the basic H&S regs. When you consider just how high risk riding and handling horses are on a day to day basis and some YO's, even if they don't have a moral objection to injuries to their clients, appear to forget that they could not only end up facing bankrupcy but also prison......

Sorry, rant over - I spent a weekend trying to avoid having to pick bits of the YO grandchildren out of my section D's hooves, funnily enough he doesn't like kids running around his back legs with balloons and a football but I was at fault for having him on the yard while they were "playing" . Silly me.
 
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TBH i think yes the YO has a duty of care to make sure the arena was fit for its purpose, but the teenager made the decision to ride in it knowing it could be slipper etc. If she wasnt made aware of this fact and then the accident happened they would have a case. But as it stands they are unlikely to have one.

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If the use of a manege forms part of the livery service for which clients are paying, then YO does have a strict duty of care to ensure it is as safe as it can possibly be! If weather conditions make it unsafe, then riding in it should be forbidden.

A good lawyer could argue that the teenager knew the yard could be a bit slippy or hard sometimes but thought it looked all right on the day. Or that going out on the roads to exercise her pony was more hazardous.

The 'duty of care' is greater when children/young people/or novices are concerned. And Yard Owners need to wake up to the fact that if they are going to profit from these groups, then they have to take extra care to ensure facilities are safe and suitable! That means risk asseeessments, H&S notices, Accident book, First Aid kit and qualified first aider on site etc.

It is NOT a case of: "Gee, nobody should sue or yard owners will go bust." Some yard owners are so damn negligent they SHOULD go bust and hopefully the yard will be bought by someone who wants to run a yard properly. It is a case of law! Hell, farmers and landowners have a duty of care to trespassers who have no right to be on the property - and can be sued if a stray rambler falls into an inadequately fenced slurry lagoon! Why should yard owners be able to get away with dodgy and potentially dangerous facilities??
 
Let's look at it another way. Half a ton of horse slips and lands on rider and the rider is sadly killed. Not an outcome anyone would want. In fact an accident that could have been prevented.

The solution is quite simple for the yard owner concerned. If they know the menage has a slippery surface then they should close it until it is safe to use. No one will get hurt while using it and the problem has been solved.

Yard owners need to take responsibility for the horses and owners on their yards.
 
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