Horse riders and dog attacks – what does the law say?
A rider injured when he fell from his horse is seeking damages of up to £5million from the owner of the dog he says caused the accident.
It comes as the number of incidents involving horses and dogs continues to rise.
The British Horse Society (BHS) says that in 2019 alone, there were 168 cases involving dogs including three horse fatalities, 45 horses injured and 43 humans.
And these statistics, it says, represent the tip of the iceberg with only one in ten incidents reported to its dedicated website.
Was the dog under control or not?
Financial adviser Lourens Koetsier, an experienced rider, suffered a spinal injury after he fell from a hired horse on a guided ride along a Pembrokeshire beach in 2018.
He said that the accident happened because a West Highland White Terrier, being walked off its lead, ran under his horse causing it to buck and him to fall off.
As a result, he claims, he has mobility issues, must use a wheelchair when outside, has impaired use of his hands and says these injuries have ‘substantially impaired’ his ability to care for himself and to work.
However, the dog’s owner, David Thomas, denies responsibility and says there is no reason to blame his ‘small, elderly and gentle’ Westie for the accident.
He insists he was not compelled to have his dog on a lead whilst on the beach as local bylaws allow owners to let their dogs run freely.
The case went to court for a pre-hearing in May last year (2022) with a full trial of the claim due at a later date. Mr Koetsier is also bringing a claim against the owner of the riding stables from which he hired the horse.
What does the law say when a dog causes an accident with a horse?
The Dangerous Dogs Act 1991 makes it a criminal offence to allow a dog to be dangerously out of control, whether on private land or in a public place.
This means that any dog must be kept under ‘close control’ with its owner able to instantly control it, whatever the circumstances.
The definition of ‘close control’ will vary depending on the dog in question but if the dog does not have good recall, the advice is to keep it on a lead around horses or any other livestock.
Most dog attack claims don’t involve the dog biting the horse. Far more likely is the scenario encountered by Mr Koetsier, when an injury is allegedly caused by the dog chasing the horse and rider or jumping up at them or barking.
To be on the safe side, and however well you think you know your dog, the BHS advice is to keep it on a lead when around horses, or indeed, any livestock.
What are the penalties for having an ‘out of control’ dog?
These include being:
- Ordered to have the dog put to sleep;
- Disqualified from owning dogs;
- Compelled to muzzle the dog and keep it on a lead in public;
- Sent to prison for two years;
- Fined £5,000.
Dog owners, or the person responsible for the dog at the time of an accident, could also face a personal injury claim for compensation.
How long do I have to bring a claim if my horse is attacked by a dog?
The injured party has up to three years from the date of the injury in which to begin court proceedings.
It may be may possible to recover compensation for pain, suffering, loss of amenity and associated financial losses.
The dog owner, or person responsible for the dog at the time, doesn’t necessarily have to have the means to compensate the injured party directly. Pet insurance policies, and home contents insurance, will often cover third party liability claims.
Get in touch
If you have been involved in an accident involving a horse and a dog, please contact Wards Solicitors’ Accident and Injury team, ranked in the 2022 edition of the independent Legal 500 guide.
In most cases we act on a ‘no win, no fee basis’ and offer a free initial consultation. Please contact Partner Helen Boyd, a Legal 500 recommended lawyer, for further advice and guidance.
Call Helen: 01275 850470
Email Helen: Helen.Boyd@wards.uk.com