Horse damages car who is liable

In certain situations, the owner of the animal can be liable for the damages; however, this is not always the case. To learn more about your legal options, call us today at or simply fill out our free case review form located to the right. In other words, you may hold the person accountable who is responsible for keeping the animal. This is not always the owner, but most times the owner and keeper are the same.

In all the cases we have handled involving cows in the road, the owner and keeper were the same. However, we have handled cases involving horses in the road where the keeper was not the owner. Our claims were made against the keeper of the horse because the owner was paying the keeper to fence and feed the horse. By Karen L. Weslowski, LL. In the event of an accident involving horses, the occupier of the property on which the accident occurred may be liable for any injuries or damage caused.

This article will consider the potential legal liability arising from owning or occupying land and discuss how best to minimize the risks associated with horse related activities occurring on that land. A horse owner may be liable for any injuries or damage caused when their horse gets loose.

This article will also discuss the potential legal liability arising from that situation. What are your legal liabilities when an accident occurs on your property? The law places a special obligation on occupiers of property to make the property safe for people invited onto the property. This legislation can impose a duty of care upon an occupier of premises with respect to: 1 the condition of the premises; 2 the activities on the premises; and 3 the conduct of third parties on the premises.

Individuals who allow other people to use their property for horse related activities, whether such activities are part of a business or merely consist of allowing a friend to use their riding ring for free, should be fully aware of the occupiers liability legislation in their province of residence. A person making a claim pursuant to occupiers liability legislation must generally prove the following: 1. The defendant was an occupier of the premises where and when the incident occurred; 2. A person does not need to own the property on which the accident occurred to be an occupier.

Occupiers of property have a legal obligation to make the property safe for people invited onto it. To avoid liability under occupiers liability legislation, conduct regular inspections of your property to find hazardous conditions so they can be fixed. If the hazard cannot be removed a warning sign should be posted. An occupier will have breached the duty of care owed to a person and will be liable for injury, loss or damage suffered on the premises where it was reasonably foreseeable that the person could be injured by a hazard of which the occupier had real or constructive knowledge and where the occupier took no steps to stop or lessen the hazard.

For instance, if a riding ring is not enclosed by a fence and secure gate, it may be reasonably foreseeable that a person riding a horse in the ring could be injured if the horse was to bolt.

Similarly, it may be reasonably foreseeable that the following scenario could cause injury to a rider: You have been doing some work on your fences and leave a large strand of wire wound up behind a bush on your property, which you forget to remove.

Occupiers liability legislation also extends to activities conducted on premises, so, for instance, an occupiers liability claim could also likely be made if, while riding on your premises, an inexperienced rider suffered injuries after falling off a green horse.

An occupier will generally not be liable for injury, loss or damage caused by natural hazards. For instance, if a person is trail riding and strikes their head on a tree branch, the occupier of the premises will not likely be liable for any injury that results.

As it can be difficult to find suitable riding areas, a large landowner may find that riders are accessing their property for trail rides. These landowners may have concerns about the liability that attaches to them for any accidents that occur on their land. In British Columbia, a person who enters vacant or undeveloped rural premises for recreational purposes is deemed to have willingly assumed all risks. The purpose of this exception is to encourage landowners in rural areas to allow their land to be used for recreational purposes.

In order for this exception to apply, landowners must not require payment or other consideration from individuals for the use of their land. This exception recognizes that the normal duty of care set out in the British Columbia Occupiers Liability Act might be onerous in a rural setting where owners may have limited practical ability to control access to their land and where the cost of continuous monitoring of land to ensure that it is reasonably safe for all those who enter it may be high.

If the hazard cannot be eliminated, a sign should be posted warning people of it. Even if you think the danger is obvious do not assume that others will think the same. Take the extra step of posting a warning sign — it may be a simple and inexpensive means of avoiding trouble in the future. What are your legal liabilities if your horse gets loose and causes damage, injury or loss?

Other Canadian provinces also have legislation which deals with the liability of an owner for escaped livestock. Jul 17, Car Accident. Almost every driver has seen dead animals lying on the road or even escaped farm animals.

How do those animals get there? What happens if they are hit by cars or trucks? Is it your insurance that is on the hook or could there be another option? Many animals, especially deer, are likely to roam across highways and roads to feed on grass and weeds. So, who is liable for animal-related car accidents? One of the first things you should do if your car hits a horse or a cow is to find the owner of the animal. This could be very difficult since horses can run for miles from their home.

Despite this, you should still do your best to find the owner.