Another livery’s horse has pushed me over in the field and injured me, can I claim compensation?
A: Proving Negligence
The livery yard owner may be liable as the occupier of the land if they were aware of this horse’s vice and therefore had a duty to forewarn people who entered the field with it.
If you were aware of this tendency and chose to enter the field regardless, you may be criticised for doing so when you knew there was a risk. This risk could have been reduced if, for example, the horse was removed from the field or restrained.
The Animals Act 1971
Here we would question whether this is a known trait or ‘vice’ of the horse. If so, the horse owner should have informed the livery yard owner for the safety of all others using the field.
We would then go on to question whether the owner of the horse has a livery yard agreement in place. This may include vice-related restrictions such as the horse must be brought in from a yard before any others. If the horse owner is found to be breaching these terms, they may be at fault for the accident.
Potential for Compensation
If the criteria above is met, you may be eligible to claim for injury compensation against either the horse owner or livery yard owner. Either party must however have the necessary financial means to be sued; whether this is by insurance or personal wealth.
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