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Flack v Hudson

27 November 2000
The issues

Animals Act 1971 – injury to rider – whether owner of horse “keeper”.

The facts

The Claimant sued under the Fatal Accident Act 1976 as widower of Shirley Ann Flack, Salli Jane Hudson. The rider was thrown whilst riding with the owners consent. The horse had the propensity to be frightened of farm machinery. The rider had not been told.

The decision

The Defendant was the keeper. The deceased was also a keeper for the purposes of Section 6 (3) of the Animals Act. There was nothing in the construction of the act to prevent one keeper suing another keeper.

The Judge had found as a fact that the horse was frightened of farm machinery. This was clearly an abnormal characteristic within the meaning of Section 2 (2).

The Defendant’s appeal dismissed.

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