The High Court dismissed a horse rider’s claim for damages after she was injured when her horse fell on her during a fox hunt in County Laois. The court found that both defendants had taken reasonable care in the circumstances and that the plaintiff had not reached the threshold required to prove negligence.
The accident happened on 8 March 2014 on land at Ballygeehan, Ballyacolla, owned and managed by the second defendant. The plaintiff had paid a €25 levy to join the Laois Hunt Club’s outing. After crossing a river, she approached a whitethorn obstacle with brambles and a drop beyond it. Her horse’s feet caught in the brambles and the horse rolled on top of her, causing fractures to two vertebrae.
The plaintiff argued that the obstacle was a foreseeable hazard and that she should have been warned not to jump it. The defendants denied liability. They said the Field Master had inspected the obstacle, decided it was unsafe, warned riders not to take it and led the hunt away. They also argued that the plaintiff chose to jump despite the warning and was contributorily negligent.
The Field Master testified that he had passed the warning to riders behind him. He said the danger was obvious and that riders were expected to follow his lead. The court accepted his evidence and that of a hunting expert, finding that the warning had been communicated to a reasonable standard. Only three riders among a group of 40 to 50 attempted the jump; two others turned away.
The judge found that hunt members were obliged to stay reasonably close to the Field Master and keep themselves informed of his directions. The court also found that the plaintiff had voluntarily accepted the risks of fox hunting, an unpredictable sport, while riding a mare that had hunted only once before. It concluded that she should not have taken the dangerous jump after a warning had been given.
The court considered the plaintiff’s complaint that she was moved after the fall despite asking not to be moved. It found no evidence that the way she was moved caused or worsened her injuries.
The judge said the landowner had given permission for the hunt to cross his land and found no negligence by him. The court also concluded that the club had exercised objectively reasonable care, taking account of the sport’s nature and customs, including that red flags were not a feature of fox hunting. It dismissed the claim on liability and did not assess damages.