Horse riding accident at work compensation claim success
We have recovered a six-figure compensation package for our client following a horse riding accident at work.
Our client (who we will call her X for privacy reasons) was a young female trainee equestrian instructor. Unfortunately she had suffered head injuries following an accident at work. She had been riding a horse which had become agitated and reared. This caused her to strike her head on the back of the horse’s neck and then fall to the ground.
She initially thought she had suffered nothing more than a few bumps and bruises. However, later that day she suffered the first of many seizures and had to be taken to hospital for treatment. Such was the extent of these seizures that she was unable to continue working and was forced to move back home to her family for support.
X had hoped to make a quick recovery and get back to her old life, but as the months and then years passed she continued to suffer from her debilitating condition. She eventually realised that a speedy recovery was looking very unlikely and contacted our Personal Injury team for help and guidance. She met with solicitor Elizabeth Duncan to talk through her options on an informal basis.
Horse-related personal injury claims are notoriously difficult to win as the courts tend to take the view that by deciding to go horse riding a person has chosen to engage in an activity that is known to be risky. Horses are unpredictable and accidents can happen. However, where an individual is riding a horse as part of their employment the employer is under a greater legal duty to ensure the rider’s safety. Elizabeth therefore felt that X had a good case and agreed to represent her in making a horse riding accident at work claim against her employer on a No Win – No Fee basis.
Elizabeth sent a formal Letter of Claim to the equestrian centre for whom X had been working at the time of the accident. In it she argued that the employer was legally liable as the keeper of the horse in question. She also alleged that their ‘system of work’ had been unsafe, and the risks presented by this particular horse had not been properly assessed.
The employer denied liability, saying that X was not “working” but was “training” and had accepted the risks of the horse rearing or bucking. Undeterred, Elizabeth pressed on with the compensation claim and issued court proceedings. She also arranged to obtain input from the nation’s leading barrister in equine law. The barrister agreed with Elizabeth’s legal assessment of the case and was also happy to act on a No Win – No Fee basis.
Expert medical evidence was obtained to confirm that X’s injuries were continuing to plague her life. Reports were prepared by a neurologist, a psychiatrist and a neuropsychiatrist. Elizabeth also gathered evidence about the financial impact which the accident had had on X, including her lost income, the cost of meeting her care needs, and the medical expenses she was incurring.
The employer had continued to deny liability throughout the court proceedings, but the tenacity of X and Elizabeth ultimately paid off when they made an out-of-court offer to settle to avoid a trial. Following a period of negotiation a six-figure settlement was agreed, which will allow X to move on with her life.
How we can help you
If you are looking for a solicitor who is experienced in equine law and dealing with horse riding accident claims, then contact Elizabeth Duncan for a free case review and details of No Win – No Fee funding.
Call us on 0333 888 0408 or send an email to info@sbclaims.co.uk.
