In what is becoming a frighteningly frequent occurrence, a second incident involving runaway horses bolting through London after unseating their riders occurred on July 1st.
The majestic animals left a trail of destruction in both incidents, whilst in the first incident, a number of people were also injured.
Emily Skillcorn, Associate Solicitor, Litigation Team at Jacksons Law Firm, which provides Equine Law Services, explains who is liable for damage created by spooked horses.
At the beginning of this month, three military horses rampaged through London, after becoming spooked by a bus, causing damage to property as they bolted.
The three military horses, two of whom had unseated their riders, were captured in a taxi’s dashcam footage speeding through the capital.
This occurred less than three months after an incident in April, which saw service personnel thrown from their horses and five of the animals injuring people and themselves as they smashed into cars and a double decker bus.
The military horses that went on the rampage in April had been spooked by rubble dropped through a plastic tunnel.
Four people had to be treated by paramedics as a result of April’s runaway horses, with medics providing treatment at Buckingham Palace Road, Belgrave Square and at the junction of Chancery Lane and Fleet Street – all within the space of ten minutes of madness.
All five horses were also injured, but The Guardian reports three of the animals, Trojan, Tennyson and Vanquish, were back on duty at the King’s birthday parade on June 15.
The other two horses, Vida and Quaker are said to be enjoying an extended summer break – but will be back to performing their normal military duties in future.
The latest incident occurred during a routine exercise involving six horses and five soldiers from the Household Cavalry Mounted Regiment.
The Guardian reports that the lead horse broke loose after being spooked by a bus, which then led to two riders becoming unseated – and their mounts also becoming loose.
This meant three of the six horses were now bolting through the streets, including one that ran into a car bonnet, as captured on taxi dashcam footage.
The animals bolted from Seville Street to South Eaton Place in Belgravia, before one horse was recovered, while the other two continued to Vauxhall Bridge via Belgrave Road before being stopped.
The Ministry of Defence said all horses were collected and returned to Hyde Park Barracks by 9.55am.
The incidents, both of which have involved horses being spooked, demonstrate the unpredictable nature of these animals and the extreme dangers posed by scaring them.
Indeed, these incidents are no doubt potentially life threatening.
The seriousness of these events also leads to questions about who would be liable for the damage and injuries caused by such events.
This must surely spark fear into the hearts of horse owners.
But rather than simply shudder at the thought of being involved in such an incident, it would be wise for horse owners to consider where they would stand from a legal perspective, should the unthinkable happen to them.
Quite apart from the fact that you, your horse or others could be seriously injured, which is, of course, the main concern, there is the likely outcome of damage to third party property.
Liability for such damage would depend on the facts which gave rise to the event which caused the horse to become spooked.
The question is, was the horse spooked by someone else’s negligence, or are you as the horse owner liable?
Generally, if you cause damage to a third party’s property, you will be liable to pay the damage caused.
But if somebody else’s negligence caused or contributed to you falling off – and your horse then going on to damage third party property – you may be able to avoid liability for the damage your horse causes, or you may have an indemnity against liability.
If you injure yourself in the fall, or your horse injures itself after spooking, you yourself might have a claim against the negligent noise maker or individual who caused your horse to be spooked. The claim could be for damages for your injuries and the injuries to the horse, which might include lost value, vet treatment, lost use, re-schooling and more.
Common examples of events creating noise causing horses to spook include a beeping car when drivers are trying to pass horses, revving car engines behind horses, low flying aircraft and fireworks.
In January 2022, a number of changes were made to the Highway Code relating to horses and horse riders, so motorists, who could potentially be liable for spooking horses, would do well to take note of these requirements when navigating horses on a public highway.
Prior guidance had instructed drivers to overtake horses slowly and give plenty of space, but the code was made even more specific in January 2022, instructing drivers to leave two metres of space when overtaking and to also overtake at no more than 10 miles per hour.
Drivers are also advised not to beep their horns or rev their engines around horses.
When encountering a horse on a roundabout, drivers must keep to the left all the way around until they reach their exit and be careful not to cut in front of the animal.
Above all, it is vital that road users treat horses as potential hazards.
As beautiful and majestic as they are, these animals are unpredictable – and the events in London show the potential horrific consequences of spooking them.
For more information on Jacksons’ Equine Law Services or for litigation and dispute resolution advice, call Emily Skillcorn in the litigation team on 01642 356549.
