Judgment: 2012-04-18 · Court archive

Employers liable after horse rider’s fall, but award cut for contributory negligence

The High Court found the instruction to ride past a place where a horse had recently panicked failed to meet the employers’ duty of care. It assessed the rider’s contributory negligence at 30% and entered a decree of €126,410.

The High Court · [2012] IEHC 106

Who, what, where, when and why

Who
  • Robin Quinn (Plaintiff)
  • Jane Bradbury
  • James Bradbury (Defendant)
  • Mr Justice Charleton
What

The High Court found the instruction to ride past a place where a horse had recently panicked failed to meet the employers’ duty of care. It assessed the rider’s contributory negligence at 30% and entered a decree of €126,410.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The High Court held Robin Quinn’s employers responsible for an accident in which a horse fell on him at a stable yard, causing serious injuries to his right arm. The court assessed Quinn’s contributory negligence at 30% and entered a decree of €126,410.

The High Court held Robin Quinn’s employers responsible for an accident in which a horse fell on him at a stable yard, causing serious injuries to his right arm. The court assessed Quinn’s contributory negligence at 30% and entered a decree of €126,410.

Mr Justice Charleton delivered judgment on 18 April 2012 in Quinn’s claim against Jane Bradbury and James Bradbury. Quinn was working as a professional horseman when he was injured on 21 November 2005.

The court found that the horse, Gary, had been seriously spooked three days earlier by builders’ equipment near the defendants’ house. On the Monday, Jane Bradbury directed Quinn to hack the horse alone and return mounted past the same area. The court accepted Quinn’s account of the earlier incident and found the horse was difficult, prone to panic and not fully trained. It held that riding past the obstacle without suitable precautions did not meet the employers’ duty of care.

As Quinn approached the skip and scaffolding, Gary began making short jumps. After Quinn struck the horse’s hindquarters with a whip, it bolted out of control towards the stable yard and tried to jump a closed, spiked gate. The horse landed on the gate, then fell on Quinn. The court rejected suggestions that Quinn had provoked the incident through poor riding or simply fallen from the horse.

The judge said the employers should have arranged for someone to accompany Quinn on foot or on another horse, or schooled Gary to pass the area while being led. Quinn also had discretion to dismount and lead the horse. The court found that most responsibility rested with the employers but assessed Quinn’s contributory negligence at 30%.

Quinn spent weeks in hospital and underwent two operations. The judgment said his right arm remained significantly impaired, further operations might be needed, and he could no longer continue his riding career. The court assessed general damages at €150,000 and total loss, including special damages, at €180,586. After the reduction for contributory negligence, it entered a decree for €126,410.

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