Equine Negligence: What Owners Need to Know

Horses are rewarding to own, but they also require considerable responsibility. If something goes wrong – a fall at a livery yard, an accident during a hack, damage caused by your horse – the issue of negligence often rears its head. 

Understanding how the law addresses equine negligence may help protect you, your horse, or others.

What is Equine Negligence?

Simply put, negligence means failing to take reasonable care, which results in harm or loss to someone else. 

In equestrianism :

• When one horse kicks or bites another horse, unless it can be prevented, it is considered an offence.
• A horse gets hurt because of poorly maintained fencing or shoddy facilities at a yard.
• Permitting an inexperienced rider to ride a horse, which is already known to be of unpredictable behaviour.

The acid test is whether a reasonable horse owner or yard manager should have been able to see the danger and take action.

Your Duty of Care as an Owner

Civil law / Animal Welfare: Horse owners are Responsible for providing care and attention. 

This includes:

• Controlling your horse in public.
• Safety and maintenance of tack, equipment, and premises
• Giving an honest account of your horse’s behaviour before selling, loaning or allowing others to ride them.

If you do not perform these duties, you could be held responsible in court if someone is injured or property is damaged.

Typical Cases of Negligence Claims

Road Accidents: Despite all the training, you can never be sure how a horse is going to react to a situation presented by the road. Should an accident occur, questions can be asked about visibility, control or whether the rider has any experience on a horse.

Incidents on livery yards: Yard owners need to maintain a safe environment. Gaps in fencing, run-in sheds that are falling down or unsafe turnouts can be claim triggers.

Riding schools and Loan Agreements: If someone rides or loans a horse without being warned about the horse’s quirks or dangers, then the owner may be liable.

A Horse Injures Another: Whether in a field or at an event, could you be liable if the attacking horse had a history of poor behaviour?

Defending Against Negligence Claims

Not every incident equals negligence. Horses are naturally intense and highly unpredictable animals, and when they come into contact with motor vehicles, the law attributes that risk to the rider’s conduct. 

Strong defences often include:

• Proof that due care had been exercised.
• Strict yard or riding rules.
• Loan, livery or riding agreements with disclaimers;
• Records of veterinary and training indicating responsible care.

How to Protect Yourself

• Record all of your horse care, vaccination and training materials.
• Loan and share horses under written agreements.
• Ensure that your insurance is third-party liability.
• Conduct routine repairs or evaluation of grounds and service drops.
• Tell anyone who handles or rides your horse about its expected behaviour

When to Seek Legal Advice

If you have been injured, either directly or indirectly, with your horse, and someone else may be accountable, then seek specialist negligence advice early. Remember that each case is different and must be judged on its own merits.

The equine law team at KMC Legal has specifically defended horse owners at risk of severe claims arising from negligence, as well as brought forward valuable claims on behalf of horses and riders who have been injured.

If you need help, please call our equine specialists today: 0800 9494 667

Or email: hello@kmc-legal.co.uk

We are familiar with the truth about your horse business and the relevant regulations governing it.

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