How much risk do Horse Riders take?
Posted on 25th June 2019 at 10:06
MG Legal, Personal Injury Solicitors Lancaster, know that the concept of consenting to an injury seems somewhat odd. Think about it though; Tom Schwarz may not have consented to Fury winning in the fight last weekend, but by climbing through those ropes he’ll have known that he is more than likely to get a punch (or two minutes and fifty-four seconds of punching, to be exact). Surely then there is an argument that knowledge of potential injury means consenting to a personal injury.
So, in relation to other sports, what is the position? Well, it is widely accepted that Horse Riding can be dangerous, and that by participating in the sport, horse riders are accepting a certain risk and therefore giving their consent. But, is there a limit to this consent, and what happens if a personal injury happens because of a negligent act?
All injuries are fact-based specific, however let’s look at the riding school environment. The British Horse Society have developed a wealth of guidance, standards and approval schemes for instruction and riding centres. It is well established that lessons should be given by accredited instructors.
Say an accident or injury happened whilst someone having their first lesson with no knowledge of horses was left alone in the school with no guidance from the qualified instructor. Clearly in that case the person having the riding lesson has consented to the risks inherent with riding, but not the negligent act of being abandoned by the riding instructor!
Whilst it is up to the Court to decide the outcome of a case on its own specific merits, and negligence must be proven by the Claimants personal injury solicitors, on a balance of probabilities, if the riding instructor knew (or ought to have known) that leaving a novice with a horse for the first time could result in or potentially cause a personal injury – the act by the instructor of leaving horse and novice together alone was reckless, potentially even negligent.
If you need advice about claiming compensation for a sporting accident or more information about personal injury law email us at firstname.lastname@example.org or phone the office on 01995 602 129.
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