17 December 2007 14:50
My horse spooked while being led past the components of an old concrete garage which had been left lying around - my livery yard owner was thinking of using it as a field shelter. His leg was badly lacerated. Can I claim against the person who left it there?
Answer
By Your Horse
Equine solicitor Belinda Walkinshaw advises…
The livery yard owner owes you a duty of care and should ensure the yard remains safe. She may have breached the terms of your livery agreement and even been negligent by letting the garage remain where it was. Whether she’s liable depends on what happened, where the garage was left and whether any warning signs were in place. I can understand why you’re upset, but think it’s unlikely that you’ll recover significant damages from the yard owner. It was irresponsible of the garage owner to leave it in your horse’s way, but I assume it was placed there with the livery yard owner’s consent so believe that, ultimately, they are responsible.