Compensation for horse accident victim after being told there was no case
Digby Brown’s specialist solicitors in horse accident law successfully secured compensation for an injured woman – after she was told there was no claim by another Scottish Law firm.
How did the horse accident happen?
Our client was injured whilst riding her horse out on a hack with another experienced rider.
They were on a narrow forest path in single file and our client was in the lead when the rider behind indicated they were going to overtake our client. Our client asked them to wait as there was a large suitable passing place just ahead.
The other rider ignored this advice and overtook too closely, causing the horse to kick out and severely injure our clients' knee.
Told by another Scottish firm she had no case
Our client initially sought legal advice from another firm of Scottish solicitors and was told she had no case.
She came to Digby Brown for a second opinion and Digby Brown’s horse accident specialist solicitor took the case.
What did Digby Brown do?
Thorough investigations were carried out and witness statements taken and we discovered that the other riders’ horse had kicked out like this on previous occasions.
Expert equine report to prove fault of horse accident
An expert equine liability report was obtained and we intimated a claim to the other rider alleging fault on them because it was reasonably foreseeable that a horse who has kicked out at another horse before whilst being ridden will, on the balance of probabilities, kick again when ridden too close to another horse.
Additionally, there are also guidelines with regard to riding out with others and the defender had not followed these.
The defender had a duty to take reasonable care for the safety of others, when riding. They had a duty to keep a safe distance between their horse and our client’s horse, they had a duty to ride responsibly and only overtake when it was safe to do so and to keep their horse behind our clients’ horse until there was sufficient space to overtake safely.
The other rider passed the matter to their equine insurers who firmly denied liability.
Raised personal injury case in court
Digby Brown raised Court proceedings and one month before the scheduled hearing on evidence was due to be heard an offer for £17,500 was lodged in Court by the Solicitors for the insurance company.
Following consultation with our client and Counsel, Digby Brown made a counterproposal and the case settled for £22,000 three weeks before the court hearing date.
What does our client have to say?
Our client was overjoyed having been initially advised by the other firm that she had no case. She said:
“Sincere thanks to Digby Brown for successfully winning my case involving a horse related injury.
"Their professionalism and vast experience in dealing with equestrian related cases is absolutely outstanding.
"I was expertly advised every step of the way. Delighted with the outcome, and would highly recommend Digby Brown Solicitors“
If you have been injured in an accident whilst riding a horse, it is important to instruct a Solicitor with specialist knowledge, speak to a legal advisor today by calling 0333 200 5925.
Alternatively, if you text help to 83310 or complete our short enquiry form, a member of our team will be in touch.
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