Guidelines have been laid down for sentencing of offenders convicted for offences under the Dangerous Dogs Act 1991. The top of the sentencing range for owners allowing their dog to be dangerously out of control and injuring someone has been set at 18 months custody and at the bottom of the range is a discharge (aka a “let-off”). Attacks will be placed into three categories of seriousness depending on the degree of culpability and the harm caused. Efforts by the owner to restrain the dog (as opposed to deliberately encouraging an attack) coupled with only minor injury to a person will draw the offence towards the bottom of the range. This will be the case for most horse and rider attacks which are usually a result of an ill-trained dog running out of control at the sight of a horse with the owner unsuccessfully trying to call it off. The guidance does not even apply to attacks on horses unless a person is also injured (although the guidelines do refer to “injury to other animals” as an aggravating factor if both horse and human are hurt). One can assume that if “only” the horse is injured then the sentence drops even lower. No great deterrent here I fear.
What to do if a dog attacks your horse
My recent blog on Dartmoor rights of way and my article in Exmoor Magazine have attracted questions about other frequent users of these bridleways – dogs. Thankfully, most dogs are not aggressive towards horses but there have been some very frightening incidents which appear to be on the increase. There are laws to encourage people to keep their dogs safely under control and provide a remedy for anyone injured by a dog. What happens if a horse is injured? read more
Judge slams “grotesque” legislation on horse accidents
That pesky Animals Act is in the legal news again! This time a pregnant horse owner invited a friend to ride her horse, Gem, during her pregnancy and things went badly wrong. Gem appears to have been a well behaved horse and the friend had ridden him regularly without incident. However he developed a sore mouth so they put him in a hackamore, a bridle he had not worn before. After what appears to have been a fairly limited test run in the new bridle in a closed arena, where Gem was not asked to canter, the friend took him into a field and put him into canter which quickly turned into a gallop with Gem out of control. He veered through a gap in the hedge and out onto a tarmac road where his rider fell and was hurt. After the usual tortuous attempts to interpret the Animals Act (as to which see my last blog) the judge decided that there was no liability in any event because the owner’s friend had voluntarily accepted the risks associated with cantering a horse out in the open in a bitless bridle which he was not used to.
Bucked off! But who pays?
The Animals Act 1971 is back in the news after the decision in Kara Goldsmith v Robert Patchcott in which Ms Goldsmith sued Mr Patchcott for injuries she suffered when she was bucked off a horse which was in his keeping. So what is the law when an experienced rider is bucked off someone else’s horse? read more
Do you need planning permission for a stable?
Getting a horse for Christmas? Lucky you. Now all you need is a stable – but do you need planning permission?
Generally speaking, planners view the keeping of horses as a hobby as less of a planning issue than commercial equestrian uses. So if you keep your horse principally for your own leisure activities, rather than for profit as a business activity, planning will usually be more straightforward.
That said, planning consent is still needed even for a pet horse’s stable in some circumstances. read more
Rights of way on Dartmoor
Having just taken delivery of my new Garmin Etrex30 handheld GPS mapping system I am looking forward to some fun time exploring Dartmoor on horseback. I will be out with the South Devon Foxhounds tomorrow near Manaton so (assuming I can work out how to use it by then which is rather an assumption!) I will be able to map our routes and upload them to my PC when I get home. So when I regale my other half with tales of my daring do he will be forced to look at it as well as listen to me – worse than holiday snaps!
I will have the Explorer OS map (1:25,000) loaded onto my Etrex and plan to waymark all the bogs!! Happily on horseback we can ride freely over the access land along with the hikers – unlike cyclists who must stick to the bridleways and byways. Not all mountain bikers know this apparently. There are however plenty of other Dartmoor byelaws which even walkers and horse riders must observe. For example no-one is allowed to feed the Dartmoor ponies – at all – and there are restrictions on training and exercising racehorses in some areas of the moor.
For more information on Public Rights of Way and the Byelaws of Dartmoor contact me at j.headford@tozers.co.uk
Liability for injuries
Oh dear! Another two accidental injury cases reported this week, both of interest to the horse world. One is about a golfer who lost his eye to a stray golf ball hit from an adjacent tee. He was awarded £400,000 – payable 70% by the golfer who hit the ball and 30% by the club. In the other case an employee at an equestrian centre was awarded £20,000 for the loss of his big toe when a pallet fell on it while he was working. read more
Exercising liens on horses
A common question: I have a horse in my yard at livery/to be sold/for schooling/etc and the owner hasn’t paid me for ages. Can I sell the horse and pay myself out of that? read more
Disclaimers and horse sales
I have been known to blog about the statutory warranties of “satisfactory quality”, “fitness for purpose” and “correspondence with description” which are automatically given by a horse dealer, breeder or producer to a private buyer. I am often asked if these can be excluded by a suitably worded a disclaimer. read more
Sale of Goods Act and horses
Another week – another horse dispute. I mentioned in an earlier blog the new pre-purchase vetting report introduced last month. One suggestion included in the notes to the report is that the seller be asked to give a warranty with the horse. Well good luck with that! Don’t forget though that a business seller to a private buyer is already taken to warrant that the horse is “of satisfactory quality” and “fit for purpose”. What do these warranties actually mean? read more
