0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Court of Appeal upholds section 5 defence

28 February 2012

A horse rider has lost her case in the Court of Appeal against the owner of a horse that bucked violently causing her to be kicked in the face after she was thrown to the ground.

The court ruled that the claimant voluntarily accepted the risk that the horse could buck and so therefore the defence to liability under section 5(2) of the Animals Act 1971 was engaged. It is irrelevant that the horse bucked more violently than had been anticipated. The claimant cannot have consented to bucking but not violent bucking.

This decision follows a recent stream of similar cases where defendants have been found not liable in circumstances whereby the claimant proceeds to engage with the animal knowing of the risk which subsequently eventuates.

With this in mind it is imperative to assess both the knowledge of the claimant in relation to the relevant characteristic of the animal concerned as well as the defendant when faced with an Animals Act claim.

related opinions

Employers liability for practical jokes in the workplace

The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.

View blog

Impact of Covid-19 upon level of fine

Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.

View blog

Credit broking: know your permissions

To operate lawfully, firms that broker credit to consumers by way of business must be registered with and authorised and regulated by the Financial Conduct Authority (FCA).

View blog

Does Ossett United FC’s decision open the floodgates for claims by injured sports players?

Ossett United FC is a football club based in Yorkshire, playing in the Northern Premier League. On 12 November 2019, they lost a claim for damages brought by Rees Welsh, a semi-professional player from an opposing team.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up