Livery Yard Liabilities

LIABILITIES OF THE LIVERY YARD OWNER TO ADJOINING LANDOWNERS AND THIRD PARTIES

This applies to small and large livery yards alike.

Trespassing Livestock – Animals Act 1971

An escaping animal trespassing on to neighbouring land causing damage creates a liability.  Livestock includes horses.  Liability is not dependent upon fault. This will apply to the keeper of the animal as well as the owner in certain circumstances.

Animals known to be dangerous 

Not just "wild" animals, but bulls, stallions, or bad tempered horses.  You will be liable as the keeper of the animal for damage. The key is that you could or should have known.

Trespass on to the highway 

No liability if the land is not fenced if no negligence and if using the highway lawfully. There is the case of an oxen going in to a shop and causing mayhem – the drover was not negligent and therefore not liable for the damage.

Trespass, what is it?

A horse stretching over a fence is trespass.

Damage to crops.

You can be liable for that if animal escapes. It could be different if you had elected not to fence and you are then the victim of a trespass. Detention of livestock – animals detained must be fed and watered and kept safe.

Obligations of the Livery Yard Owner 

You are acting in the course of a business and therefore have imposed upon you various obligations by statute. 

You are accepting liability for and responsibility for the horse as its keeper under a type of contract lawyers call Bailment.

 Examples of Duties 

1.     To carry out the services provided with reasonable care and skill.

Quality of foodstuffs

Provision of rugs in winter with full livery

Behave as a responsible yard owner

Supervision of animals

Checking fields and fences

Checking equipment

Proper school with a soft floor 

2.       To take reasonable care of the horse.

Veterinary needs

Prevent cruelty – it is a criminal offence if you allow it

Report cruelty if seen

Provide water in fields

 3.       To ensure that your premises are safe and appropriate for the use.

Non slip floors

Drainage

Ventilation

Safe buildings

4.       To protect the horse from damage from

Other animals

Disease

Poisonous materials

Poisonous plants

 Liabilities to customers and visitors.

Examples

      You are liable to both, even trespassers in some circumstances.

      There are really health and safety issues which affect and relate to the operation of the yard.

      Falling tiles and damaged buildings which render them unsafe.

Damaged or slippery floors.

All this is worse if you allow open access to the yard.

The Livery Agreement can restrict this liability, owners being responsible for their own children etc.  (You cannot exclude liability for death or personal injury).

Warning signs are useful, if not essential.

You can prevent access and/or warn of danger.

Stop people when you see them and challenge why they are there if you do not know them.

Ensure that visitors are not allowed to just walk around.  Watch out for children – they could frighten a horse and cause huge problems.

 Employees

Make sure that they are properly trained and supervised.  Make sure that they have the correct experience for what they are doing.  Even if an individual is a good rider – can they instruct, supervise and teach. 

Pollution

Manure heaps

Water course

 A Horse in Your Possession

Obligations will vary with the type of livery.  Greater obligations come with full livery as opposed to a simple grazing agreement.

Agreement is a vital tool in setting out who is responsible for doing what and avoiding the "I thought you were doing that" problem.

Never take on a horse without an agreement.

 Examples of some parts of a typical agreement.

     Insurance

Make the owner liable for that regarding the horse.

Retain the right to see a copy of the policy – some agreements don't do that.

Consider what you want covered.

Consider getting the policy written for your benefit as well.

 Tack

Who is responsible if lost or damaged or for wear and tear?

Vices

Vital for you to know that.  If none, get a statement to that effect.

Any potential weaknesses

 Horse Passport

Get a copy and see the original

 Value

Are there any specific issues that enhance the value of the animal – does it need special care?

 Exclusion or Limitation of Liabilities

Personal Injury Claims – no.

Can work where there is not negligence because you could be liable in other ways.

Vet care – who should pay

Lien or right to refuse to hand over the horse for an unpaid livery bill.

Children – make the parent responsible.

 Remedies for unpaid livery – Rights of the owner of a livery yard over the animal – The Lien.

When you would be entitled to keep possession, or even sell the horse for an unpaid livery bill?

Firstly, this will be governed by your written agreement with the owner.  You can retain rights to hold on to and sell the horse.

 Is there a lien without an agreement?

You cannot claim a lien when you have a horse on simple livery and provide no service.

Lien can arise if you train or school a horse, or you care for it through illness, upon a mare to the cost of covering by the owner of the stallion.

The principle here is the issue of improvement of the horse or "repair" of the horse.  This is different to maintenance – here a lien will not arise.

What is the benefit of the lien?  Can you sell the horse and tack or have the right to destroy the horse if the owner cannot be found?

Rule 2 – don't unless you have taken some legal advice.

You can have the right to sell, but you must give notice to the owner, in writing and give certain specific information, such as

Date of proposed sale

Amount owed

Must give a reasonable time

Cannot be used if there is a dispute

 Injury or Damage caused by the horse.

You are liable if you have not taken reasonable care to control it.

If the horse injures itself or another person if not under proper control.

The most common claims are for Personal Injury – to the rider and third parties, property damage particularly to crops and damage to property.

 Foot and Mouth – has been a big issue recently.

 Prove transmission → liability

 Buying and selling horses

Remember, you may be acting in the course of a business and therefore there are implied terms as to title (ownership), fitness for purpose and satisfactory quality.

Selling as agent – mind what you say – you could be liable for misrepresentation that leaves you open to a claim.

 Customers Riding Horses

 Riding Establishments or Schools

Must be licenced by the Local Authority – whether letting out on hire for payment or for giving riding instruction. 

This is punishable as a criminal offence.  As is letting out a horse that is unfit for riding. 

Riding Schools

Liable for the proper conduct of teaching and riding to ensure it is carried out with proper care and skill and safely

To observe all appropriate safety advice and precautions.

FOR EXAMPLE

 Is the horse appropriate

For the rider if a novice or a child

For the use – for example on a road

 Instructors

Are they properly trained and qualified for what they are doing, particularly if going out on the road with children.

Pre-ride briefings – are they done?

Is the instruction appropriate for the group?

Never be afraid to say no.

Disclaimers

This is a very complex legal subject

How often do Riding Schools request a Disclaimer.  As a comparison Scuba schools always do.  I have never been allowed to dive without signing one.

You could include a question about:

 

Experience of the rider to allow you to judge what to do with them.

Injuries/medical conditions which may affect the rider's ability.

Acceptance of involvement in a dangerous sport and being responsible for that.

The benefit is the ability to judge the situation and rider and reduce your potential liability in the event of a claim.

 Safe Riding Practices

There are plenty of courses, for example those run by the BHS, particularly when out on the road.

Whenever there is a claim all kinds of things will be examined:

Do you run a tidy yard

Do you leave equipment lying around unsafely, i.e. shovels or wheelbarrows

Do you allow people to just wander around the yard

Do you allow children to run around – if you do and one frightens the horse then you, not the horse or child, is bound to be blamed for that.

 Relevant licences to run a riding school, and your insurance.

 Equipment and Tack

 Premises

Are they appropriate for horses, properly designed with the correct safety features.

Are they properly maintained.

You will be liable to all visitors if the premises are not properly maintained and there is an injury.

Provision of water – fence stagnant ponds.  Safe approach to natural water.  Dangerous things in the filed.  Loose barbed wire.

 Equipment

Must have the proper BSI safety equipment.

Corporate manslaughter is a real danger these days.

Must be properly maintained.

Hat, glove, boots, clothes, body protector – are they in good condition and DO THEY FIT.  HAVE THEY BEEN PUT ON PROPERLY.

People – members of the public walking behind a horse.  They may think they know which is the sharp end and may not appreciate the dangers.

Horses – Greater liability when you know a horse has a particular vice.

Conclusion

We live in a claims conscious world.  Accidents are not common but are hugely disruptive.

Effect a reputation

Forewarned is forearmed.

Some things to think about.

 Insurance

 Get appropriate insurance and get advice from a broker.

 Look at the policy regularly.

 Claims can be large.  Imagine the damages for a valuable horse with serious injury injuring a wealthy bystander.

Loss of use

Loss of earnings – man and horse

Stud value

NEVER admit liability however obvious.  Always report incidents to your insurers immediately.

 Livery Agreement

Don't dabble on your own – get advice.  Would you do your own dentistry?

Main point is that it educates the owner and creates certainty as to who does what.

Avoids arguments

 Premises

 If leased – what are all the terms of the Lease?

These notes are for guidance only and are not to be regarded as advice.  No responsibility is accepted for any reliance placed on these notes.  Specific advice for any given situation should be sought by you.

Article written with the kind permission of:

RICHARD LANE,

WRIGHT HASSALL Solicitors
9 Clarendon Place

Leamington Spa

Warwickshire

CV32 5QP
Tel +44 (0)1926 886688

Fax +44 (0)1926 885588

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