A specialist equine barrister is urging horse owners to double check that they have public liability insurance, in case a member of the public receives a personal injury while horse riding.
The barrister urged owners to scrutinise their insurance closely after learning that many policies do not cover third-party liability when a horse is being cared for on a livery yard, by a visiting practitioner or by a horse-sitter.
Insurance firms are therefore reviewing such policies after the issue was highlighted by a Hull-based horse
injury lawyer.
Public liability policies vary greatly, but a number of companies admitted that their third-party liability does not cover horses when they are being looked after by a third party in all instances, but instead rely on the professional having their own cover.
'Nightmare' stuggle to find cover
Although, despite this warning, some companies are not that worried. Rebecca Lapwood of Middlewick Farm livery yard in Southminster, Essex, said that while all its liveries are asked to hold third-party insurance, it does not stipulate who it must cover.
"It's something we have not really thought about," she admitted.
However, many animal businesses are struggling to cope with the pressures and troubles of such a problem. Pet-sitting company Animal Aunts stated that the situation is becoming a "nightmare", because its
insurance does not protect workers riding their client’s horses.
Gill Cross, Animal Aunts' administrator, said: "Our 'aunts' are self-employed so some are covered by their own insurance, but our blanket policy only insures them while they are on the ground, lungeing or caring for the horse."
She furthered:"We have to ask clients to check their own policies and, if they are desperate for the horses to be exercised, perhaps pay for extra cover while the aunt is with them."
Barrister, Ms Scott came across the subject while researching a case. She commented: "I checked my own Petplan policy and felt rather stupid that as an equine lawyer I was not covered in every incidence."
Although Ms Scott has written confirmation from Petplan that she would not be covered in certain circumstances while her horse was at livery or being "sat", a spokesman for Petplan said it was still reviewing her enquiry.
The spokesman, said: "We welcome customer feedback and take comments very seriously. Our senior managers are meeting this week and will respond to the customer as soon as possible."
Stop horsing around
Ms Scott urged horse owners to check their liability insurance: "I think everyone should have a close look at their insurance policy and check if they are fully covered.
"Just because individuals or establishments should have appropriate insurance does not mean they do. Claims can be brought under the Animals Act against the owner of the horse particularly if there is nobody else with any money against whom to bring the claim even though the owner has not been negligent in any way and may not even have been present when the accident occurred."
In response to this, Jo Sowley, from an insurance company, said their policy would not cover
injury caused by a horse to a person dealing with the animal on a professional basis, like a livery yard employee or horse-sitter.
However, she stated: "They should have their own insurance cover on which they would claim. But if a horse was being cared for by a friend, the owner would be covered."