Riding schools no longer liable?

Ministers propose a change in the law

They have decided to act after increases in insurance premiums forced the closure of several riding schools and equestrian centres, affecting tourism and the rural economy.
The Association of British Riding Schools says that in the past four years, 650 schools have closed as a result of soaring insurance costs and the compensation culture. Some establishments have been refused any insurance cover at all.

The Animal Act 1971 was intended to make owners of dangerous animals – lions, tigers and deadly snakes – or a specific psychotic domestic animal, liable for harm or damage. But a 2003 legal judgment in a case known as Mirvahedy ruled that owners were liable for damage and the consequences of normal animal behaviour. This in effect ruled out the possibility of an accident.

In the Mirvahedy case a motorist was seriously injured after a collision with horses that had escaped from a field after being frightened. Yet the owner had taken due care to ensure that there was secure fencing and that the horses remained inside a paddock.

This liability without fault has led to higher insurance charges and prompted more riders to bring claims against stables if they suffer injuries.

Similarly, farmers can be held liable if a cow acts aggressively to protect a calf and injures a dog walker or a rambler.

A Bill to amend the Animal Act will be introduced in the Commons next month.

If successful, riding schools, farmers and pet owners will be subject to the usual common law negligence and health and safety laws, meaning that if an owner or business has taken all possible safeguards they are unlikely to be blamed for an accident. This would encourage owners to take out third-party insurance but would remove liability for genuine accidents. Owners of dangerous animals would continue to be liable.

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