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2.05.13

£20,500 compensation for a client who was kicked by a horse

We were instructed by Mrs A to claim damages in connection with a horse riding accident that occurred on 5 February 2012.

The circumstances of the accident were that Mrs A was riding out with another rider on a beach. Mrs A was positioned at the rear of the ride. The other horse kicked out and caught Mrs A’s leg with its hoof causing a fracture to her tibia.

A claim was brought on the basis that the third party failed to keep control of her horse and failed to tie a red ribbon in its tail to alert others to the fact that it was prone to kicking and bucking.

We alleged that the third party was negligent because she exposed Mrs A to a foreseeable risk of injury. Following a face to face meeting with the third party insurer liability was agreed on a 75/25 basis in Mrs A’s favour.

The reduction was made on the basis that Mrs A could have left more space between her and the horse in front. Further, case law from the Court of Appeal such as that of Goldsmith v Patchcott and Turnball v Warner show that the court views horse riding as a dangerous sport. The experienced rider is considered to assume said risk when he/she voluntarily gets on a horse. This decision may have been different had Mrs A not been an experienced horse rider, but all cases turn on their specific facts and need to be discussed thoroughly with an equine expert.

Mrs A had a serious fracture to her lower leg that required a lot of treatment and help from her medical team. She needed a lot of care and assistance from her family but to her credit she managed to make a very good recovery in just over 12 months. HorseSolicitor managed to successfully negotiate a settlement with the Defendant insurance company for £27,300. After giving credit for the liability reduction of 25% Mrs A received £20,500.

Horse riding accident claims can be difficult and as such it is always best to get expert legal advice from a firm of solicitors that understand horses and fully understand the law relating to horses and horse accidents. This excellent settlement is a testament to this fact. If you have any equine queries please do not hesitate to contact Hanna Campbell on Hanna@HorseSolicitor.co.uk or 01446 794 196.


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