Animals

The claim was brought in connection with an accident which occurred while the parties were in a pony trap. Both were experienced horsewomen. The claimant was acting as groom, while the defendant was driving. It was not clear whether or not the claimant wore a riding hat at the instant time. The horse became startled and rushed forward, so that the claimant and defendant were thrown onto the ground.

The claimant sustained a severe head injury. In subsequent proceedings, it was held that, in order to determine whether the requirements of s 2(2)(a) of the Animals Act 1971 were satisfied, it was necessary to consider the particular circumstances of the instant case, and not to only consider the animal itself and whether it was likely to cause severe personal injury.