For a fall from a horse want the compensation the law allows. But what about morality?

When you learn something new, you seldom make a mistake. Falling from a horse hurts. Some then try to enforce compensation from the horse owner or instructor. But is it always the other’s fault?

You have always been attracted by the idea of ​​looking at the world from a horse’s back. You decide to pay for a few lessons at a riding school. But you are a complete beginner, so you do not know how to control a horse. You don’t even know the names of all the parts of the whole harness and you need detailed guidance from an instructor. However, with your ignorance, you can easily make an unwanted step in the saddle despite his instructions.

Maybe you won’t notice in time that the horse may be scared of something, or the horse will respond to your unwanted stimulus and actively move forward. You do not expect the situation and you are not used to it in the saddle, so you simply do not sit down and fall off the horse. Even falling well is an art. Conversely, it is not difficult to break an arm or a leg when falling from a horse.

Some people blame such a situation on horses. Alternatively, the instructor or the entire riding school. Even better, they decide to seek compensation for personal injury after the riding school. Of course, you can. The second question is your moral feeling and whether you really can solve the situation in another way. And, of course, what your compensation can do to others.

What do you have to follow?

When riding a horse, you should wear at least a riding helmet. However, you may find that some riding schools will also require a safety vest for all novice riders, regardless of age. The law does not mandate this, but riding schools try to protect riders from injury and themselves from court scrambles.

The saddle must then have the correct equipment. The seat must always have safety calipers and functional caliper belt locks. This is the absolute basis, said Martin Blažek for Měšec, a member of the Executive Committee of the Czech Equestrian Federation for Legislation and IT.

And special rules then apply to underage riders. According to the rules for jumping, a safety vest is mandatory for all riders under the age of 16. Not just a spine protector, but a vest, he adds.

Safety is also supported by high-quality footwear, where the heel is finished with a slight heel so that your foot cannot pass through the stirrup. But that doesn’t mean that thanks to the perfect equipment, you are 100% protected. Injuries simply happen. And even the most suitable horse can suddenly jump in front of a pheasant on a ride, you will startle and fall.

I want compensation!

Let’s imagine a model example. You accidentally fall off the horse and break your leg. Such a situation is detrimental to your health, so you decide to seek compensation. This is your full right.

The whole thing will go to court and the latter will then assess how the situation unfolded, who is and is not right and who has to pay how much compensation. What will be assessed?

Horse owners are at a disadvantage

It is not easy to decide who was responsible for injuring yourself while riding a horse. The already mentioned Czech Equestrian Federation also receives several questions for expert evaluation from the Police of the Czech Republic and the courts. However, the assessment of things and evaluation is always individual. The assessment includes several factors that determine the resulting degree of fault.

Primarily, it is necessary to take into account in advance that a horse is a living animal with its own opinion, feelings, and needs, and its pattern of behavior is given by the fact that in the wild it is itself a prey, not a hunter. His basic instinct is therefore to escape in case of feeling threatened or frightened, and only if it is impossible to escape do other defensive reflexes come.

But one thing always applies. According to the new Civil Code, the owner of the animal is always responsible for the animal and is therefore always part of any investigations and litigation. And even if he is not present during any training,  adds Martin Blažek.

In the previous Civil Code, the term “unavoidable coincidence” was figured, for which several falls and injuries could be considered. Then it meant that the responsibility was borne by the person who manipulated the horse, ie you as a client. And not the instructor who gave the instructions and coached you.

But that is no longer the case. In practice, this now means that even if you ride a good horse and are under the supervision of an instructor who does not own a horse and you get injured, part of the blame will always fall on the owner of the horse, who did not even have to be present on the day.

 

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