Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

I Ride Ponies asked in PetsHorses · 8 years ago

If my horse kicked a kid could I be sued?

So today I was hacking my pony down the beach. She had previously had 6 weeks off lame, and this was her second ride back. We were just walking for half an hour down a flat beach, and she was behaving very well.

About 5 minutes from where I usually dismount to lead my pony home up the road, we walked past a pair of children who looked about 4 or 5 playing with trucks and digging holes in the sand. I allowed my pony to take a good look, but she wasn't worried so we just kept walking.

Just as we were past the kids, putting them in her blind spot (and mine, I was watching the beach) the boy with the truck (who had previously not appeared to notice us) shrieked *PONY* and raced up to us making truck sounds. Right up ponies butt. My mare (more from the suddenness than anything I think, shes not scared of small children or trucks typically) leapt in the air, and kicked out, then gave a big buck. I didn't lose my seat or anything, (I don't having very good *riding posture* but It takes a bit more than that to worry me on horseback!) but I didn't know what spooked her, and hearing what sounded like crying behind me, I turned her around (my pony was relaxed now. She relaxes quickly after spooking) and saw the boy. But the kid was laughing his head off, like it was the biggest joke in the world! I glared at him, told him to stay away from horses butts in the future.

Do you think, If my mare had made contact with the kid, would his parents have grounds for a lawsuit? If it counts for anything, Both me, the kid and the horse are minors but I am legally old enough to babysit and be home alone while he wasn't. The only adults within sight (it was a lonely deserted beach) was my mother, around 200m away looking at a rock. We were on public land, and horses are allowed on the beach in my area. they are also considered legal mode of transports in my area.

So if my ponies hoof and hit the kid, would I have gotten sued?

Update:

There is a legal age to stay home alone/be alone in public, thats 14. Maybe it is different in whatever country you are in?

Update 2:

Isn't it sad what can happen with a horse? I literally lost control of her for less than the second. By the time I knew what was happening, it was over.

Update 3:

Where I live (90mile beach) it is legally a road. People drive up/down it 12/7 and there are speed limits and everything.

12 Answers

Relevance
  • 8 years ago

    Most definitely and they would have won hands down....even if every person on the jury was a horse owner. The fact is that when in public YOU are required to keep your mount in control at all times. With the kids being very young minors and too young to 'know better' since there is no reason to suspect them of having horse experience as you rode by, you could not even use contributary negligence. In other words....as the adult in the situation, any negligence that occurred, occurred because you did not plan appropriately. Your ONLY defense would have been that the parents were not around. That does not relieve you of negligence though.

    Edit

    Oops I see you are not an adult either, but you are old enough to be out alone and to handle the horse legally so you would still be held responsible in any country I have been in. NZ though is not one that I am that familiar with.

    However in this country, parents could be sued since the horse could be considered legally theirs but they can NOT be held criminally responsible, nor is it illegal in this country for a fourteen year old to handle a horse in a public area unless horses are not allowed in that area.

  • 8 years ago

    Yes you could have been sued or rather your parents could have been sued. As with any animal it's your legal responsibility to keep that animal under control. I had a couple neighbor kids last year that gave me fits I ended up having to contact a lawyer so I knew what I was legally responsible for turns out it was a lot more then I originally thought. Basically now when I come across kids on trail I give them a wide berth reducing the chance of them catching me or my horse unaware. Those neighbor kids were the worse though, constantly coming over and getting into the pasture with the horses and climbing all over them. I caught one of them using my horses tail as a rope to climb up onto her back. When I went trail riding they would come running out and several times the 4 and 2 year olds would walk right under my horse. I had the troopers give warning more times then I could count. Basically it boils down to kids and sometimes adults can often be unpredictable, keep firm control of your horse and one eye on them when they are around you don't know what they are going to do and you want you and your horse to be as safe as possible.

  • Evie
    Lv 5
    8 years ago

    You realize there isn't a "legal age" to be home alone, right?

    No. You wouldn't have gotten sued if you were a minor, because you are not the legal owner of the horse if you're a minor. Whoever's name is on the horse's bill of sale could be sued, so your parents I am guessing are the legal owners.

    You could be sued for: bringing an unsafe animal into public settings.

    No matter if it was the kids fault, it's not general knowledge to stay away from horses butts, especially if you're 5.

  • Janian
    Lv 7
    8 years ago

    Yes, it's your job to control the animal in public, even if it wasn't really the pony's fault.

    Here in the UK most people have public liability insurance. It costs a couple of pounds a month and if my horse ever hurt a person or someone else property the insurance company would pay up to £10,000,000 to cover it.

  • How do you think about the answers? You can sign in to vote the answer.
  • 8 years ago

    As you are a minor, they would have to sure your parents or the owner of the horse. Even though the child ran up behind and spooked your horse, it is the riders responsibility to control. They could have sued your parents. They could even sue even if your horse did not make contact.

    Source(s): Over 50 years with horses
  • 8 years ago

    (Where I live there is a law that states children under 12 cannot be left home alone)

    "Do you think, If my mare had made contact with the kid, would his parents have grounds for a lawsuit?"

    - I think that they might believe they would, but hands down the owner of the horse would win.

    "If it counts for anything, Both me, the kid and the horse are minors but I am legally old enough to babysit and be home alone while he wasn't."

    - that would be a good point on against the parents

    "So if my ponies hoof and hit the kid, would I have gotten sued?"

    - under those circumstances, they may have tried, but there is no way they would win.

    Good luck!

  • Snezzy
    Lv 7
    8 years ago

    In earlier times the understanding was that you had a responsibility to stay away from naturally dangerous things such as horses. Parents had a responsibility to teach their children to be careful with knives, horses, firearms, electricity, and bodies of water.

    The responsibility now seems to have been handed to the owners of those hazards. In particular, there seems to be a belief that the horseowner is fair game because if he owns horses he must be wealthy. So yes, you might be sued.

    For your best answer you might consult a solicitor or judge in NZ who is familiar with equine tort cases. In some jurisdictions successful suit is difficult, in others it is easier. A lawsuit will wreck your life, regardless of the outcome, so it is good to keep people away from your horses.

    I have noticed, in my experience, that people who have very loud automobile engines (far louder than anything I own) seem to enjoy making their cars "vroooommm!" loudly as they pass me. They seem to have the intent to "Make the horses do something." Training on bombproofness helps, but I cannot possibly imagine all the various crazy scenarios that might happen away from home. I'm not about to keep my horses safely wrapped up in tall fences at home all the time, either.

  • gallop
    Lv 7
    8 years ago

    Are you in the US? If not, the laws may differ in your location. Here in the US, your parents could be held both criminally and civilly liable for allowing their minor child (you) to be put in control of a 1000+ lb horse at a public beach in an area where children play, and then being unable to control the horse when children behave unpredictably which is what normal children do. As adults, we are supposed to be aware of the dangers posed by any animals we own, and of the fact that minor children are both attracted to animals like horses (see the attractive nuisance laws in your location) and that a child is predictably likely to try to come near the horse to pet or feed it, and to behave inappropriately.

    Adults are also accountable for knowing that minor children (as well as many adults) do not understand the dangers involved with being around horses. The parents of this child would not typically be held legally accountable to predict the dangers to their child posed by encountering a horse being ridden (and presumably under control) on a public beach. That is the horse owner's responsibility.

    .

    Just as your parents would be accountable if they brought a dog to the beach and failed to prevent the dog from biting someone, they are held legally accountable for putting the public in danger by bringing a 1000 lb horse within close enough proximity to a children's play area to allow the children to come within kicking range of the horse.

    One more thing to consider is the fact that your horse could have killed or permanently brain damaged a child with a kick to the head. That is a far more valid cause for concern than the issue of "who is to blame" after the fact.

    Many horses are meticulously desensitized in order to safely function among the public, and they are conditioned not to kick out or flip out when startled. When you can prove in a court of law that a horse has been properly conditioned and trained to function safely for work among the public, it goes far to limit criminal liability for bringing the horse to a public place. You might still be sued for damages in civil court, but could avoid criminal prosecution. It is typically the health insurance company representing the injured party who will force a civil lawsuit when large medical claims are filed for these types of injuries.

    As far as horses being classified as legal modes of transport, the applicable laws typically come under the "rules of the road", and would not apply to horses being ridden (or cars being driven) on public beaches or in other off-road public areas.

    Source(s): Registered Nurse and 59 years with horses Experience with many injury liability lawsuits brought by injured patients
  • 5 years ago

    No, technically you may't sue someone because they threatened you with no longer imparting you with loose room and board anymore. i'm satisfied i don't have a baby like you. you seem to be a brat.

  • 8 years ago

    Yes because you were unable to control it. Same goes for any animal. You are responsible for that animal's actions in a public setting.

Still have questions? Get your answers by asking now.