THE issue of employer’s liability within the equestrian world and specifically regarding racehorse trainers came under the spotlight in a recent High Court case which saw Cork trainer Terence O’Brien held to be 66% liable for significant injuries suffered by exercise rider Niall Healy on his gallops.

During the five-day hearing, Judge Bernard Barton considered the duty of care the trainer owed to his staff and the significant issue of a voluntary assumption of risk where employees work with volatile animals in the full knowledge that they are taking on the possible risk of falls and injury.

In a detailed judgment, the judge found that the main cause of the accident was a tractor parked too close to the gallops in circumstances where O’Brien knew or ought to have known that in parking it there it could cause an animal to take fright and throw its rider.

Bearing in mind the rider’s level of experience and expertise in riding horses, among other things, he found the rider to be 33% liable in awarding the rider compensation for general and special damages plus his costs.

Commenting on the case, Andrew Coonan of Coonan Cawley Solicitors said: “This was a difficult case for both the plaintiff and the defendant in that an experienced rider knows and understands the risks associated with horses while the trainer must be constantly aware that he should not do anything to compromise his staff by making the job more dangerous.

VOLATILE ANIMALS

“In this particular case it was clear and accepted by the court that what appears to be a relatively routine exercise of parking the tractor after harrowing a gallop can, nonetheless, compromise safety if appropriate measures and precautions are not taken.

“Certainly cases like this highlight the difficulty for both employer and employee when dealing with volatile animals.”

Michael Grassick, chief executive of the Irish Racehorse Trainers Association, said trainers are not finding it difficult to obtain insurance cover, with Wexford Insurances the main broker servicing at least 50% of licenced trainers.

PROBLEMS

Gary Johnston of Wexford Insurances said their company is not experiencing any problems with providing insurance for the equine sector. He said: “Equestrian liability insurance has for many years been an issue for underwriters due to the potential for employees to suffer severe injuries and for this reason most insurers tend to shy away from this sector.”

He said Wexford Insurances had carved out a niche in this area by achieving critical mass and being “proactive in the investigation of claims using experts with hands-on knowledge of the equestrian world”.

Johnston added: “That being said we cannot stress enough the importance of taking health and safety in the work place seriously, carrying out risk assessments and having a health and safety statement in place, the provision of personal protective equipment and then ensuring it is maintained in good condition.”