On reading "Bovine Intervention" in the Telegraph motoring section, I had to reply to A.H.Skipton's letter. Thankyou very much for writing the letter it was quite refreshing to know that these things do happen to other people and that things can be done about it. I had my car written off after a horse broke out of its field and ran into the side of my car.My car has been replaced by my insurance company and they were very good about the whole incident.The owner of the horse has replied by saying that his horse has as much right on the public highway as anyone else,although the horse was alone at the time (03.45 am) with no one in control. It seems to be a matter of watch this space to find out what happens.
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Reply to horse owner:
Rylands v Fletcher (1865)
The ruling: A person, who lawfully brings on his land something which though harmless, but will do mischief if it escapes, must keep it at his peril, and if he does not, he is answerable for all the damage.
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The owner of the horse has replied by saying that his horse has as much right on the public highway as anyone else
What? That's their argument? They say they're not to blame because the horse had as much right to be there as the car?
If your car's handbrake failed and crashed into the side of their horse they'd be whinging about it.
----
Life is complex; it has real and imaginary parts.
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Ask them who they have their insurance with. Even a horse insured just as a brood mare is insured for at least a million third party - and there is further insurance for third party if they belong to the BHS. If it had kicked out while being ridden then I would support their argument - it means you would have been driving too close - but in your case their is no argument!! I suspect they are uninsured but still liable - horses are not allowed to roam about on the road unless in a designated area with Commoners' rights ie the New Forest - when it would only be a pony!!
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I believe the following to be correct:
Very recently there was a case where a car had an accident and broke down a fence. This allowed a horse to escape onto the carriageway. Another accident ensued that was far more serious and it involved the horse. The owner of the horse was held liable. An owner of a horse must be aware of the possibility and tendency of a horse escaping from its enclosure if the enclosure is rendered inadequate howsoever caused.
We have two horses and have third party insurance for each for this exact reason. Premiums have risen considerably in the last few years.
Horses must also by law (since August 2005) hold a passport. Get the freeze mark off the horse and you should be able to trace the owner.
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An example of a horse meeting a car:
not nice at all, I agree with some of you here, not all, hence it goes.
Hugo - BR Moderator
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Not sure we needed to see that...
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That needs to go away.
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Don't click it on it then. It was hardly going to be picture of daffodiles and adorable kittens was it.
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I can think of better methods of gaining an extra horsepower than that :-)
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Did you spot that there was no tread left on it's shoes? In that condition it shouldn't have been on the road in the first place.
--
L\'escargot.
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Can't have done the driver a lot of good either I shouldn't think!
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The owner of the horse would have been held liable as it was the horse which caused the accident. However, the horse-owner could, in turn, have claimed compensation from the owner of the car which crashed allowing the horse to escape.
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