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Welsh v Stokes and Another: CA 27 Jul 2007

The claimant sued a riding stables after she was badly injured on being thrown from the horse provided. Her claim in negligence failed, but she succeeded under strict liabiilty under the 1971 Act, after the judge relied upon hearsay evidence. Held: The appeal failed on either account. The judge had directed himself properly in his … Continue reading Welsh v Stokes and Another: CA 27 Jul 2007

Freeman v Higher Park Farm: CA 30 Oct 2008

The claimant fell from a horse hired to her by the defendant. She claimed for her injuries, and appealed rejection of her claim in strict liability under the 1971 Act. The horse was known to be lively and occasionally to buck, but the claimant was a very experienced rider. A horse was a domesticated animal … Continue reading Freeman v Higher Park Farm: CA 30 Oct 2008

Mirvahedy v Henley and another: HL 20 Mar 2003

The defendants’ horses escaped from the field, and were involved in an accident with the claimant’s car. Held: The defendants were liable under section 2(2). To bolt was a characteristic of horses which was normal ‘in the particular circumstances’, these being some sort of fright or other external stimulus. Section 2 places all animals into … Continue reading Mirvahedy v Henley and another: HL 20 Mar 2003

Clark v Bowlt: CA 26 Jun 2006

A claim was made for personal injury suffered riding a horse. Held: The court doubted whether a propensity occasionally to move otherwise than as directed can be described as a characteristic of a horse, for the purposes of s. 2(2)(b), but, if it can, the trial judge had failed to identify either the particular times … Continue reading Clark v Bowlt: CA 26 Jun 2006

Cummings v Grainger: CA 1977

An untrained Alsatian dog was turned loose in a scrap-yard to deter intruders. The dog seriously injured the plaintiff who had entered the yard. Held: The requirements of section 2(2) were satisfied but the defendant was entitled to rely upon the trespasser defence provided by section 5. The dog had characteristics not normally found in … Continue reading Cummings v Grainger: CA 1977