Horses and their riders liability to others

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Sun 26 Aug 2012 17:33
Horses and their riders liability to others - Chris M

We have a lot of horses around where I live and quite often have pony and traps using the roads. Today one was spooked by something and ran into a car. Pony sustained a cut leg and the car some minor damage. So the question is, is the rider responsible for the pony's actions or is it just hard luck on the car driver? I don't know much about horses, but I don't believe there's much a rider can do if a horse is spooked.

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Sun 26 Aug 2012 17:40
Horses and their riders liability to others - Dabooka

Well I don't know the legal standing, but if it was my motor I'd be holding the rider responsible! It may have been an aacident and not caused by them, but they have to be able to deal with it or face the consequences.

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Sun 26 Aug 2012 18:09
Horses and their riders liability to others - Chris M

Just had a look on HJ's FAQs

www.honestjohn.co.uk/faq/horse-rider-liability/

I don't rate the car drivers chances too high.

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Sun 26 Aug 2012 18:07
Horses and their riders liability to others - No FM2R II

You would have to show negligence.

So something like;

  • The rider knew the horse was prone to spooking and took no care
  • Somebody spooked the horse on purpose
  • The horse was being ridden too fast or otherwise carelessly
  • etc. etc.

If not, then there is probably not much you can do.

If there are special rules about horses, and there may be, then I am not aware of them.

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Sun 26 Aug 2012 20:56
Horses and their riders liability to others - madf

We have LOTS of horses round here often on single track roads with passing places.

Stop and let them pass is my motto.

A horse has the intelligence of an ostrich and acts accordingly in my view..

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Mon 27 Aug 2012 12:42
Horses and their riders liability to others - Bobbin Threadbare

I rather suspect any car driver wouldn't come off very well unless the person riding the horse was drunk, which is not to do with the Highways Act, it's the Licensing Act from 1870-something.

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Mon 27 Aug 2012 13:03
Horses and their riders liability to others - coopshere
Road traffic case law seems not to be much use in this case. The horse and anything attached to it is property owned by the rider and the rider is responsible for it so would have thought the car driver would be able to use the small claims court for any damage caused if the horse rider wasn't forthcoming in payment for the damage. Grab as many witnesses as you can to say the car was not at fault.
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Mon 27 Aug 2012 15:54
Horses and their riders liability to others - No FM2R II

>>as you can to say the car was not at fault.

That text that Chris M linked to is pretty good.

The problem is one of liability, almost always driven by some form of negligence.

e.g. I have no known heart problems. On Tuesday I have a full check-up from my doctor who gives me a clean bill of health, including my heart.

On Wednesday I have a heart attack while driving, become unconcious, career across the road and crash into your car destroying it.

I have Accidental Damage cover and so my vehicle is repaired by my insurance. You have third party cover only, so you are out of pocket and there is nothing you can do about it.

I was not negligent. I took all reasonable care, I could not have foreseen the accident, no reasonable care I could have taken would have avoided it.

Now if you could show I knew I had a heart problem, I felt ill that morning, my doctor had cautioned me about driving, it had happened before, or indeed anything else which suggested I had not taken the approriate care, then I would be negligent, therefore liable, thus you could claim from me and my insurance.

Your problem is always proving the lack of care, and that takes you back to the horse situation.

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Mon 27 Aug 2012 20:33
Horses and their riders liability to others - focussed

A horse is an animal that weighs as much as a a small family car, has a brain the size of a frozen pea, and is not equipped with any braking system that works without the involvement of the aforementioned pea-sized brain. And there is no requirement for compulsory third part insurance to ride or drive one on the public road. And it can cr*p great piles of s*** all over the road to it's heart's content without any requirement for the rider/driver to clear up after it.

Hmmmm-is of all this a good idea in this here 21st century?

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Mon 27 Aug 2012 21:14
Horses and their riders liability to others - Bobbin Threadbare

They are £0 VED in the first year, and then £0 thereafter though.

;-)

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Tue 28 Aug 2012 23:51
Horses and their riders liability to others - Redhound

Actually horses are pretty intelligent with good memories, but as prey animals they are inclined to panic unexpectedly and dramatically, hence the importance of driving very slowly past them. I thought the Mirvahedy case cited above meant that horse owners have strict liability, hence why I have several million British Horse Society liability cover. Though I stand to be corrected. When my dog caused a car crash this went through my household cover as I didn't have dog insurance, this should also cover horse accidents presumably if the rider was negligent or strictly liable.

Edited by Redhound on 28/08/2012 at 23:54

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