WWYD - Accident when trying a horse

[el_Snowflakes]

That's a really unfortunate accident. If you want to pursue it I would keep in touch with the seller & complain to the manufacturer if it is indeed, a manufacturing fault. However if the girth failed due to wear & tear, I believe the onus would be on the rider (yourself) to check its condition before getting on. Of course, you were unlikely (as the rest of us) to do so. Glad your weren't seriously hurt though- must have been frightening!

 

[guido16]

Only the purchaser of the girth can make a complained about it. You are the 3rd party who was involved.
As it seems she is doing that, just keep in touch and see what comes of it.

 

[Pearlsasinger]

I think I am going to set up in business making girths from re-constituted paper!

We all have a duty of care to each other. If someone drives while drunk and kills a child, that is not "just an accident". If a manufacturer sells a piece of safety equipment that breaks and causes an accident (be it car brake pads or a girth), they will be held to account in a civilised society, hopefully so things improve and it doesn't happen again.

The horse owner has a duty of care to provide reasonable facilities for the OP to try out the horse. Through no fault of her own, there was an equipment failure (the girth) which caused the OP to have an accident. So the OP should sue the horse owner who should have Public Indemnity Insurance. If they don't have this insurance, they are mad as who pays when a horse escapes and a serious motor accident is the result?

The horse owner, in turn, should then sue the girth manufacturer who should have product liability insurance.

The OP cannot sue the manufacturer because she has no contract with them.

These procedures are in place so manufacturers do not sell girths made of reconsituted paper! Simple. And I'm amazed that some would happily write off defective goods as "just one of those things".

Actually, the owner has no contract with the manufacturer either, her contract is with the vendor of the girth, who has a contract with the manufacturer. However the owner of the horse and girth could contact TS to get this sorted out.

 

[brighteyes]

There are equine lawyers around who I believe will talk to you over the phone. This is one such person Jaqui Fulton who is staffs based and will be happy to discuss whether you have a case or not first. http://www.equinelawuk.co.uk/services.asp

Guess what she will say

 

[OWLIE185]

Cremedemonth - The equestrian industry needs to develop a British Standard for saddles, girths, bridles etc. and then manufacturers have a standard for their products to comply with.
There are already well established British Standards/European Standards for Crash Hats, Back Protectors (They come under PPE Personal protective Equipment legislation), Hi-Viz again they come under PPE.

 

[Polos Mum]

What has been missed though is that the manufacturer/ retailer, has done the canny thing and requested the product be sent back. The nice nieve horse owner will have probably done that and low and behold the purportedly defective item will be lost in the post and there will be no evidence that there was any issue.

The purchaser of the girth will have no evidence that there was any kind of problem with it - the manufacturer/ retailer / their insurance provide will just ask for evidence of a fault and not just that someone didn't put it on properly.

As any evidence is long gone - only option is forget it and walk away

And remember to never send your only evidence of something bad to the person you want to accuse of doing the bad thing !!

 

[Roasted Chestnuts]

You probably have a resulting haematoma from your fall, those can take up to 2yrs to fully dissolve away or you could always have it.

Mine in my high from being kicked in Feb this year has gone from the size of a gala melon to a tennis ball and is now the size of a golfball, mine moves independently to my thigh muscle and this is what you are feeling in your butt. Rubbing in Muscle liniment and arnica will help but it's a time thing I'm afraid.

As to the Sue thing I wouldn't even bother.

 

[cremedemonthe]

Cremedemonth - The equestrian industry needs to develop a British Standard for saddles, girths, bridles etc. and then manufacturers have a standard for their products to comply with.
There are already well established British Standards/European Standards for Crash Hats, Back Protectors (They come under PPE Personal protective Equipment legislation), Hi-Viz again they come under PPE.

Yes, this is what I have been trying to shame manufacturers, retailers, wholesalers and the SMS in to doing for many years but one man on his own against a multi million pound industry is a drop in the ocean, as I said in my post above I need as many people who use this equipment to be as clued up as possible about what is good and what is bad and when it's bad do something about it.