Mrs E, Cumbria

Animal Accident

Mrs E was out on a horse ride with two of her friends and one other girl who had asked to join them. All of the riders were approaching the driveway of the livery yard where their respective horses were stabled when one of the horses started to overtake Mrs E’s and then raised its back legs and kicked her lower right leg with force.

The horse kicked Mrs E with such force that its hoof penetrated the leather her riding boot and cut into her leg causing a large gash.

Mrs E was taken to hospital by ambulance and was admitted and underwent an operation to realign the bone and to clean out the wound. She was discharged home in a plaster cast and was in plaster for a period of 16 weeks.

Mrs E’s accident happened at a very unfortunate time as she had only given birth to her first baby 2 months earlier. She had to rely heavily on family and friends to both look after her and her baby. sent a formal letter of claim to the defendant and were advised that the defendant had horse insurance and thereafter communicated with her insurers.

Cases involving animals are not always straightforward. The owner of an animal is not automatically held to be liable for injuries just because an incident has happened. In this case however, after Mrs E’s accident occurred she found out that the horse was known to kick out and act in an unpredictable way and that the defendant knew this.

Mrs E went on to recover significant damages for  the injuries she sustained together with the care and assistance which was provided to her and the financial losses she incurred, including having to pay for  someone to also look after her horse.

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