Can I claim compensation if a dog spooks my horse?
Dogs are naturally inquisitive, and their presence around horses often leads to an eagerness to approach. While some dogs may exhibit playful behaviour, others might display signs of aggression. It is essential to recognise that horses may not interpret these actions in the same way, often responding instinctively with a flight reaction.
Of course, many horse owners successfully live with both species, who can become friends, but there are several risks involved with bringing the two together – which are heightened in situations where the two come together unexpectedly, for example, while you are out riding your horse and meet a dog owner who is out walking with their pet.
So, what happens if a dog spooks your horse and the horse is injured, or you suffer injuries as a result?
Naturally, the main thing is that both you and the horse escape from such a situation having suffered minimal damage.
Regardless of the severity of the injury to you or your horse caused by a dog, you may be eligible to seek compensation.
Section 3 of the Animals Act 1971
If a dog causes injury to your horse, you have a claim against the dog owner or keeper under Section 3 of the Animals Act 1971.
The Animals Act imposes a strict liability on the owner or keeper of the dog to ensure it is kept under control.
This means you do not have to establish the dog owner or keeper as negligent in causing the dog to injure your horse – the very fact that your horse has been injured by the dog is enough to make a claim.
What if I’m injured as a result of a dog injuring my horse?
If the dog causes injury to the horse, and in turn you sustain an injury caused by the dog, then you also have a claim against the dog owner or keeper.
Section 2 of the Animals Act imposes a strict liability for damage done by dangerous animals – including dogs.
For most, if not all dog attacks, it is a high bar to establish a breach of Section 2.
Section 2 (1) provides that, where any damage is caused by an animal which belongs to a dangerous species, any person who is a keeper of the animal is liable for the damage, except otherwise provided by the Act.
Where damage is caused by an animal which does not belong to a dangerous species, the keeper of the animal is liable for the damage, except as otherwise provided by the Act, if:
- The damage is of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe; and
- The likelihood of the damage or of its being severe was due to characteristics of the animal, which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances; and
- Those characteristics were known to that keeper or were at any time known to a person who at the time had charge of the animal as the animal’s servant or, where the keeper is the head of the household, were known to another keeper of the animal who is a member of that household and under the age of 16.
If you cannot satisfy the threshold for a claim under the Animals Act, you may still be able to pursue a claim under the common law claim in tort. To do so will mean you proving that the dog owner was negligent, and their negligence caused your injury.
Dog owners can also be prosecuted under various offences such as having a dog out of control.
What can I claim in relation to injuries to my horse?
In terms of injuries to your horse, you will be entitled to recover losses including (but not limited to) veterinary fees, lost value, rehabilitation, lost use and transport.
Where the injuries to the horse have a debilitating effect on the horse, making the horse worth less than before the injury; or, resulting in the loss of use or enjoyment, you can claim for damages to be assessed.
A claim will be awarded based on the level at which you were previously achieving as a rider and how this has been affected by the injury, and the frequency with which you went out with your horse. This will determine how much you might recover under these heads of loss.
Additionally, if you need to have your horse re-schooled or trained again due to behavioural issues brought on by the dog attack, the compensation could take account of the costs involved with this.
Personal injury claims
In terms of your personal injury, you will be entitled to recover general damages, which is a monetary award for pain and suffering.
Additionally, you will be able to recover special damages which arise from loss of or damage to items including but not limited to clothing, as well as costs associated with hospital visits, physiotherapy and medication.
Damage to a third party or property
You are responsible if your horse causes injury or damage to a third party or to property. Should this happen due to the dog spooking your horse, you may very well be able to claim these ‘damages’ from the dog owner.
For more information or advice, contact Emily Skillcorn at our Equine Law Services department on 01642 356549.
