Public liability and horses explained The equine industry in Australia is vast and spans many disciplines, from dressage to rodeo and everything in between. Everyone understands that even the best-behaved horses can be unpredictable and have a mind of their own. At Arnold Thomas & Becker, we have dozens of clients who were involved in an injury caused by a horse. This is why it is crucial for riders and owners alike to ensure they are covered by some form of public liability insurance, in the event their horse causes harm to someone else or their property. What is public liability law? When a person or entity who owes a duty of care is found liable for causing injury to another person, or harm to their property, this is public liability. This law holds people, businesses or organisations responsible for injuries and damage suffered due to negligence. That’s why if you are hurt in a public place, you might be covered by public liability law and could be eligible for compensation. In the equine industry, it is crucial for owners, businesses and individuals to be covered by some form of public liability insurance. This includes people who run agistments and even those people who keep their horses on an agistment, or someone else’s property. This also applies if you frequently take your horse into public areas. For example, if you ride your horse down a public road and fall off, resulting in your animal running away and causing damage to cars or injury to a person, you may be held financially and personally responsible and your actions considered negligent. If you have taken out public liability insurance, this policy will help you cover the costs for any injury or damage caused when you are at fault. It should also be noted that this law also applies to dogs and other animals as part of public liability insurance which most people have under their home and contents insurance. Our client’s story Our client, Jacqui, faces the prospect of losing her arm after she was attacked by a horse at an agistment property. While Jacqui was helping a friend feed and rug horses at an agistment property, she entered the paddock of a horse she was unfamiliar with. The horse picked her up by her shoulder and threw her to the ground three times, resulting in a completely shattered clavicle. Arnold Thomas & Becker legal representative Ciara Smith said Jacqui would struggle with the mental and physical trauma of what happened to her for the rest of her life. ‘The injuries she sustained continued to cause her daily pain and suffering a year later and will be lifelong,’ she said. ‘While we understand that animals have a mind of their own and can be unpredictable, this incident could have been completely prevented if Jacqui had been aware of the risks involved with entering this horse’s paddock. ‘She was not informed that the horse could be dangerous or volatile and had previously tried to attack people. ‘Incidents like these emphasise the importance of agistment and property owners to ensure they are covered by public liability insurance. People also shouldn’t be engaging in verbal or backdoor agreements – there is no protection in these kind of arrangements and it is almost impossible to mitigate risk.’ You can read the full story on our media page. Contact us Have you been injured as a result of someone else’s actions or negligence? You may be entitled to compensation. For more information, visit our Public Liability webpage. To talk to a lawyer today, call us on 03 9034 8433.