Horse trampling case settled for nearly twice original offer
After demonstrating how to secure the horse, the owner of the horse tried unsuccessfully a couple of times to tempt the horse inside our client’s horsebox. When it was finally loaded in by the side entrance the horse appeared unsettled, and as our client stepped on to the ramp to secure the horsebox the horse barged out of the horsebox, knocking our client to the ground and stepping on her. The defendant had failed to properly secure the horse inside before this happened.
Our client sustained multiple injuries to her knee, including bruising to the bones, a full anterior cruciate ligament rupture, a grade II tear of the medial collateral ligament, a posterior horn tear of the lateral meniscus and a subchondral fracturing of the lateral tibial plateau. Not only this, but a medical expert’s opinion stated that it was more likely than not that she would develop degenerative arthritis and further tears in her knee, and would require a total knee replacement in future.
We brought a claim alleging that the defendant was liable under the Animals Act and was negligent in their handling of the animal. Initially liability was admitted fully with no allegations of contributory negligence, however following the disclosure of medical evidence and a schedule of loss, an allegation of 50% contributory negligence was made and an offer of £22,000 was made.
Our specialist team managed to negotiate this settlement to £40,000, net of 33% contributory negligence which was eventually agreed.