Horseriding accident Claim
You would think that going out for a hack with some college friends on a horse from a reputable riding school should be an enjoyable experience. However, this was not the case for our client who suffered a nasty injury to her knee when the horse she was riding shied away from traffic and collided with a post and rail fence on a public right of way. The injury was made worse by some rusty nails protruding from the fence, causing a deep laceration to her skin. She was left with a significant scar that required revision surgery.
This was a particularly interesting case from a legal perspective. This personal injury claim involved the Animals Act 1971, which is notoriously difficult and fraught with legal twists and turns, public nuisance and the duties of a land owner where there is a public right of way.
There were two potential defendants. First, there was the riding school for failing to warn the claimant about the dangers of the fence (since they knew it had been in a state of disrepair for many years) and for the horse’s propensity to shy in traffic. Second, and more controversially, there were the owners of the land on which the fence was situated, who were unaware of its state of disrepair. Under English law the owner of land which is subject to a public right has limited duties. The courts have always been reluctant to impose a high duty on owners of such land for public policy reasons.
Fortunately for the claimant the first defendants agreed to compensate her and we did not therefore need to test the case against the land owners. The claimant was very pleased to be awarded a five figure sum for her injury claim which specialist accident solicitor Samantha Robson conducted on a No Win – No Fee basis.
