If your horse causes damage to property or injury you will be held liable under British law it is therefore highly advisable to make sure that you have public liability insurance.
Animals Act 1971
Section 4
of this Act deals with livestock that causes damage when it strays onto
land owned or occupied by someone else. Local authorities may use
Section 4 to deal with the problem of equines straying onto public
land.
The Animals Act 1971 contains, amongst other things, provisions about the civil liability of owners for damage which is done by their animals. This act governs owner’s liability for damage caused both by dangerous and non-dangerous animals. In the case of non dangerous animals, the owner will be liable for damage where three conditions are met:
- The damage is of a type which the animal would be likely to do if it was unrestrained;
- The damage was due to characteristics which were not normally found in that type of animal, or which were found in that type of animal only at specific times and in specific circumstances;
- The special characteristics were known to the owner
This act is unusual in that unlike many other acts of parliament which impose liability on people, it does not limit this liability to situations in which that person is careless or reckless, or where he fails to take reasonable steps to prevent the risk. This was considered by the House of Lords in 2003, which decided by a two to one majority that in the absence of any such provisions, the act must be interpreted as imposing a strict liability on the owners of horses.
Strict liability is a problem for horse owners, because it means that even if they have taken all reasonably precautions to prevent the risk of damage from materialising, they may still be legally responsible for that damage under the Act.
The 2003 House of Lords decision also made it clear that ‘panic’ was to be considered a special characteristic which is only found in horses under certain circumstances. It therefore follows that where horses are spooked and stampede in panic, the owner may well be liable for any damage caused. This makes it very difficult for horse owners to defend personal injury claims, and if you find yourself in this situation you should consult a specialist equine law solicitor.
Disclaimer: The information in this article is for general guidance on your rights and responsibilities and is not legal advice. If you need more details on your rights or legal advice about what action to take, please contact an adviser or solicitor.
