Summary
The Insured, an Agricultural College, was experiencing a number of issues involving Equine Students falling from Horses, resulting in successful personal injury claims. By working with the College, we helped implement an induction process (amongst other improvements) to reduce the number of incidents, and to assist with the defence of claims when they did occur.
Factual Findings
Prior to our involvement, the Insured had a somewhat laissez faire approach to the induction of new Students enrolled on equine courses, despite the high level of practical work they would undertake (riding / grooming Horses etc…), and the inherent dangers associated with Horse riding and husbandry.
In addition to limited information being provided about what to expect when riding / caring for a Horse, there was no assessment of a Student’s riding ability, nor indeed any information regarding the personality of each Horse (temperament, previous issues etc…). As a result, when a Student was injured by a Horse, whether that be from falling off whilst riding or by being kicked during the grooming process, claims submitted were usually successful under both common law and s2 of the Animals Act 1971 (strict liability).
Following our instructions, we worked with the Insured’s Head of Equine and H&S Manager to introduce a new induction programme, as well as detailed profiles for each Horse outlining, amongst other points, their temperament and the level of riding experience required for a Student to ride them. These were updated when / if any further issues developed. Horses were also taken out of use for a period of 48 hours after any temperamental act.
The induction process involved an interview with each Student to determine their riding ability, as well as requiring them to review literature around Horse safety and what to expect when riding a Horse. Students were also subject to a formal assessment of their riding ability, with the Insured utilising a docile Horse on a short rein. Whenever a Student was introduced to a new Horse, they were also required to review their profile and to spend at least 10 minutes ‘getting to know them’ before riding. Finally, Students were required to sign a disclaimer confirming that they have received an induction, and reviewed all relevant Horse profiles, and that they accept the inherent risks associated with riding a horse.
Outcome
As a result of our involvement, we were able to improve the Insured’s approach to H&S within their Equine Department. We were aided by an Insured who recognised they had a problem, and were open to our suggestions which were advanced as a part of a collaborative approach.
Owing to the measures introduced, the number of incidents fell dramatically as Students were more knowledgeable and confident in their handling of a Horse. They were also only ever matched with a Horse within their skill set. Whilst a limited number of incidents did still occur, owing to the inherent risks associated with the activity, claims were successfully defended as we could show all reasonable steps had been taken to prevent
incidents, and that Students had voluntarily accepted the risk in any event (per s5(2) of the Animals Act 1971).
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