Understanding Liability, Legal Rights & Compensation Options
Horse riding and equestrian activities are known to be a form of employment and a hobby, across the UK, but they come with risks.
When accidents occur, the legal aspect surrounding equine personal injury can be complex.
Introduction
Equine-related injuries can be severe, ranging from fractures and head trauma to long-term psychological effects. Whether the incident occurs during a riding lesson, a competition, or while working with horses, injured parties may be entitled to compensation — especially if negligence or known animal behaviour played a role.
Please note you do not need to have sustained a severe injury to pursue a claim of this nature.
Animals Act 1971 & Personal Injury
Equine personal injury claims in England and Wales are governed by:
- The Animals Act 1971: This statute imposes liability on animal keepers under certain conditions, even if the animal is not classified as dangerous.
- General Negligence: Claims may also arise from a breach of duty of care, such as failing to provide safe equipment or supervision.
Section 2(2) of the Animals Act 1971
To succeed under this section, the claimant must prove:
- The damage was of a kind that the animal was likely to cause or likely to be severe.
- The likelihood of damage was due to characteristics not normally found in animals of the same species, or only found in specific circumstances.
- The keeper knew of these characteristics
This test is strict and requires significant evidence.
General Negligence
To pursue a claim for personal injury as a result of negligence, we must establish the duty of care that was owed, how that duty was breached and that the breach of duty was a direct cause of your injuries.
We often need to demonstrate that the standard of care fell below what would be expected of a reasonably competent person in the same circumstances—whether that be a horse owner, trainer, or equine professional.
Liability: Who Can Be Held Responsible?
Liability may rest with:
- Horse owners or keepers who knew of the animal’s dangerous behaviour.
- Riding schools or instructors for providing unsuitable horses or defective equipment.
- Event organisers for unsafe conditions or poor supervision.
- Road users in cases involving horse-related traffic accidents.
Even if a waiver was signed, it does not necessarily exclude liability.
Prospects of Success
We must assess the prospects of success for a claim of this nature.
Courts have shown reluctance to award damages for injuries resulting from normal equine behaviour, unless specific characteristics were known and ignored.
Therefore, we will take a view on the prospects of success at the outset. However, prospects will fluctuate throughout a case as we cannot predict the Defendants actions.
No Win, No Fee
In cases of this nature, we can offer Conditional Fee Agreements (CFAs), commonly known as No Win, No Fee. This allows claimants to pursue compensation without upfront legal costs.
This is particularly useful if you have been unable to work due to your injuries.
Time Limits/Limitations
Claims must be brought within three years of the date of the accident. For minors, the time limit begins on their 18th birthday.
Comment
Equine personal injury claims require an understanding of both animal behaviour and the law. If you or someone you know has suffered an injury in relation to an equine accident, early legal advice and thorough evidence is key.
How can we help?
Leah Mackay is a Solicitor Apprentice in our Dispute Resolution Team. Leah specialises in a broad range of litigation matters in general and civil litigation cases.
If you believe you have an equine personal injury claim and wish to seek legal advice, please contact Leah or a member of the team on 01206 835300 or complete our online enquiry form.
Disclaimer: As every case is different the information provided in this blog is for general informational purposes only and does not constitute legal or medical advice. While every effort has been made to ensure the accuracy of the content at the time of writing, it should not be used as a substitute for professional advice or consultation with qualified professionals.
Additionally, if you believe you have been affected by professional negligence, you should consult with a qualified legal professional to discuss your specific situation. The information provided here does not establish a client-professional relationship, and the authors or publishers are not liable for any actions taken based on this information.