A horse trainer was responsible for two thirds of the fault for a rider’s serious injuries after a horse was startled by a tractor parked beside an exercise track, the High Court has ruled. The rider was found one third responsible because, despite his experience, he failed to properly assess the risk before proceeding past it.
The judgment by Mr Justice Bernard J Barton, delivered on 11 October 2018, concerns an accident on 22 October 2015. Niall Healy was exercising a three-year-old horse, “Westy”, while employed by trainer Terence O’Brien. As the group approached the gallops, O’Brien had parked a tractor close to the track’s fence, with its front loader raised. The court heard that the horse ahead of Healy’s shied at the tractor. Westy then bolted, contacted an electrified fence and threw Healy into a field.
The court accepted the evidence of equine expert John Watson that the tractor’s position and raised loader created a foreseeable risk of frightening a horse. It found that O’Brien breached his duty of care. The judge noted that riders could reasonably choose either direction at the entrance and that turning right offered practical advantages, including a shorter route to the linear gallops and rising ground that could help keep horses under control.
The court also found Healy contributorily negligent. He had seen the tractor in time to assess the situation and, as head lad, was responsible for deciding which way the group would go. The judge concluded that Healy, an experienced rider familiar with Westy’s temperament, made a serious misjudgment by proceeding past the tractor. The court apportioned fault two thirds to O’Brien and one third to Healy.
Healy suffered fractures to the second and third thoracic vertebrae, soft tissue injuries and damage to the right ulnar nerve, for which he underwent decompression surgery. He continued to experience intermittent neck and back pain. Medical evidence advised against a return to professional riding, although recreational riding was not ruled out.
The court allowed €16,017 in special damages, including agreed pecuniary losses and past loss of earnings only up to Healy’s return to paid work. It assessed general damages at €75,000 for pain and suffering to date and €25,000 for future pain and suffering, making €100,000 before the deduction for Healy’s share of fault.
The court did not set out a final net award or make the final form of order in the judgment. It said the parties would have an opportunity to check the figures before the court settled the order.