I was riding along a country road when a horse bolted out of a field causing me to lose control of the bike. I had a broken arm, broken leg and extensive cuts and bruising.

 

My partner has returned to the accident scene and took photographs of the fencing around the field that the horse escaped from.  The fences were not robust and appeared to have been badly repaired in a number of places. 

 

The owner of the horse is refusing to compensate me on the basis that her horse was on livery at the time and as such she believes that the livery yard is responsible?

 

Who is liable for compensating me for my injuries, the horse owner or the livery yard owner?

 

Steve Galton, Vale of Glamorgan

 

 

The best way forward would be for you to instruct a specialist firm that will deal with such matters on your behalf.

 

If it turns out to be true that the horse was on livery at the time of the accident then the yard would have been under a duty to have taken reasonable care of the horse and should have taken reasonable steps to ensure it’s and others’ safety, for example by satisfactorily maintaining the perimeter fencing.

 

You should instruct a solicitor who will send a letter of claim to the livery yard owner in the first instance to which they will have 21 days to respond and a further 3 months in which to make a decision in respect of liability.

 

If it transpires that the horse was not on livery then the owner would become liable. It is likely that the livery yard owner and animal owner will have third party liability insurance to cover your claim. You may wish to discuss with your solicitor the possibility of sending a letter of claim to both the livery yard owner and the horse owner in the first instance so that the clock starts ticking and you can decide who you wish to pursue when you receive the responses.

 

This will avoid you having to start the process all over again should it transpire that there was no livery agreement in place.