To persue legal action?

[Poltergeister]

I was injured last year while taking part in a hobby. I had broken bones and muscle damage - I'm still under physio now. I had to have 4 weeks off work and then 4 weeks of phased return, but luckily my sick pay covered this.
I had raised concerns about the way the lesson was going before I was injured but I was told I was being daft. I tried telling them I didn't feel comfortable with what we were doing but it was dismissed. After I was hurt I had no first aid and no paperwork was filled out. When I updated them later that I was significantly injured they weren't particularly bothered and I've never heard from them again.
I'd spoke to a solicitor to get advice on whether this is something worth persuing - mainly because I'd like to put them off continuing the way they are and this happening to someone else (I am not the only person I know to have been injured there).
The solicitors have reviewed it and believe I have a case and would like to take it on on a no win, no fee basis. Its assumed they are correctly insured so any claim would come from that.

But I feel terrible!
I'm worried about any backlash from the people who run the company, and I worry that maybe I'm an awful person or a money grabber.

Am I unreasonable to instruct the solicitor to take on the case?

X post

Speak to the legal people at the BHS. They have loads of experience and knowledge. You might need to a member though.

From what you've said though it sounds like the instructor was at fault and the horse wasn't suitable.

YANBU this is why they should have insurance!

Also you need to find out what qualifications the instructor has and if the centre is BHS approved.

Did you sign a waiver?
Your update makes you sound much more reason

I don’t think you will win but it’s up to you if you want to try . What do you actually want to gain ? If it’s just to tell people it’s a crap riding school ( in your opinion ) then write a bad review and perhaps inform the council who presumably they have a licence with . I think it’s ridiculous to say you had to do something because the riding instructor told you to ( and I say that as someone who also rides) , and I really can’t see why you couldn’t go to the middle of the school and either just stand still or get off . Falling off is unfortunately always possible however good a rider you are and horses are live animals so even ones that are suitable for beginners can be unpredictable .

Local council have been informed but not heard back.

Bhs accredited status is optional and as they aren't accredited they cant do much.
I didn't know to look for that when I started.

Personally, I would. They gave you an unsuitable horse, didnt teach you properly and ignored your concerns and failed to treat you when you were injured. They need to be held accountable. Having said that, when my concerns were ignored and I was told "they know best" which nearly cost my son his life, I wanted change. I didnt want anyone else to go through what i did. I complained to the regulators and was initially ignored until I threatened legal action. I got the changes I wanted. Had I not I would have used them without hesitation.

The standard for a successful claim in tort in a sport scenario is much higher. But that said the fact that the horses had done so previously adds an additional element of foreseeability. Then there is the question of whether your actions break the chain of causation etc. I would say (based on my limited knowledge and what you have written) write a preaction letter and try to settle. If they refuse to settle I (me personally) would drop it. If you are more up for a law suit then find a good solicitor and see what their advice is. A word of caution: you get what you pay for in the legal sector and this is not at all straightforward because there are a lot of elements (waiver, previous accidents with horse, your reaction, their reaction, the context).

I think it's fair enough to persue legal action in the circumstances you describe.

I stopped riding as a young teen because of exactly the attitude that you experienced. That I had to ride a horse that was obviously harder than the others to control because otherwise I was just being silly, and if it went badly then it was my fault. I can imagine this isn't uncommon in riding schools where they need to profit out of all of their horses, and it definitely should be challenged.

I do not in any way think you deserved to be injured, regardless of the activity! Nobody deserves to be hurt. You have clearly suffered a great deal.

That's different to whether you could win a case for negligence against them.

You would be better off chasing up the council for a response. If you take legal action and their insurer pays a settlement, how is that going to change their practices?

I appreciate you didn't feel able to say no, but that's still your issue in terms of lacking assertiveness. As a pp said, if you're not comfortable in a lesson you turn your horse into the centre of the school and halt. Had you never been told that or seen that or done that?

When you say you would have needed help to dismount is that because you hadn't been taught how to do so without a mounting block? Because you have disabilities? Because you're very short? What was the height of the horse?

I'm just trying to understand whether or not they'd taught you how to be safe to start with... Or if it was panic in the moment.

Just be aware that you may have to pay your sick pay out of any award.

@eladen I know to do that now. But at the time I had never seen it done and had never been told what to do if I didn't feel happy.
I had only ever mounted outside the arena with a mounting block or with someone giving me a leg up.
Not sure exactly how tall she was but I had never got off a horse that big without someone being their to spot me as such, and I had never got off without someone holding the reins to keep the horse still.
I wish I knew all the things I know now back then!

My dd was learning at a local stables. She was thrown twice in two weeks and lost her confidence totally (sad because she is pretty brave). On the first occasion, they put her pony directly infront of another pony that everyone knows dont get on. The pony behind took a chunk out of her pony’s arse which then bolted, throwing dd. The following week, she was having trouble controlling it and it was wandering a little off the line in the school. A young kid who was acting as a sort of assistant came and whacked her pony on the rump (which any rider will tell you you never do) and her pony took off with shock and she was badly thrown. Thankfully no damage done other than to her confidence but the school couldnt care less and the form we were made to sign really fudged the issue “pony bolted” rather than “incompetent moron hit the pony hard causing it to bolt”. I tell anyone locally who will listen not to use that bunch of twats.

Sorry - long rant to say, sometimes they simply dont know best. You have been injured and required physio. Next time, a child could end up in traction! Sue the fuckers.

if you’re a member of the BHS or (I think) WHW, you can get legal advice - perhaps consider joining. (They’re good causes too).

Riding is a risk sport but the circumstances you describe are pretty bad - green plus green equals black and blue, and that’s what you got unfortunately. You can never eliminate the risk, but you can mitigate it to an extent!

I hope this hasn’t put you off horses - if you’re getting back on, I recommend shopping around for instructors. Some are better than others, especially when it comes to riders who’ve had their nerves bashed a bit. The right instructor and the right horse will get you back on track.

Sorry but you still decided to do it despite raising concerns, so surely you are responsible for your own actions?

Do you really think you might be an awful person or a money grabber or are you saying that so people I'll say of course not, there there, ?

You weren't happy but you didn't use your words and legs and say you were off. Learn from that.

I wish I knew all the things I know now back then!

Of course. (What a horrible way to learn, well, anything.) The more you explain, the more slapdash they sound. I hope you can get the council to take it seriously and review them - I wonder if mentioning you are discussing legal action would get them to wake up a bit.

I am quite impressed that even after all of this you've gone for lessons elsewhere. What made you take up riding and want to continue?

I think BHS membership includes some form of personal accident cover? Something to look into anyway?

(Has the new school taught you how to dismount on your own? I only ask because I think that might have been my first request in your shoes! "No, no, I don't want to learn to canter, I just want to practise getting off please.")

They shouldn’t have put a novice on a green horse. If you couldn't dismount why on earth were you cantering? Basics must come first. Horse riding is a risk sport, sadly legal cases are shutting down riding schools. Your decision and depends what you actually want to get out of it. The horse world is small.
Your call, have you discussed it with the riding school in the first instance?

I would at least try, you’ve got nothing to lose.
I did a horse riding one off lesson at a holiday park. We had a lovely little ride through some woods, until the horses got spooked by something and all bolted. It was so scary. We hadn’t been given any guidance that this could happen or what to do if it did.
My friend was thrown off. She was on the floor and her lips were blue. They told her to get up and get back on it. She refused and instead walked alongside it until we got back to the mini bus. She was bruised and in shock but thankfully no serious injuries.
At the time we chalked it up to part of the risk but with hindsight I wish we had raised a concern with the company.
The people working for the riding school were very young, appeared inexperienced and gave us no warning or guidance. And then tried to insist she got back on the horse!

They have a duty of care to put you on a horse you can handle. It's got a history of bolting which they knew and didn't tell you. I'd say it's worth pursuing. It would be entirely different if they had told you the horses history and temperament and you agreed to ride her. They withheld vital information from you and you didn't know she was actually dangerous until after you had fallen off. They were negligent.

They shouldn't have put a novice on a green horse, they were negligent. They overrode your concerns and told you to trust them and you did, because they are meant to be the experts. Added to the fact that the horse has form for doing the same thing to other riders and I would sue. I have been a horse rider and owner for 30 years and they were negligent. Yes, riding is a risk sport but there are ways of mitigating the risk and as a novice you depended on them to do this for you.

If it’s a Riding School then they should have a licence from the Council. Said licence will not be granted unless they see sight of their Public Liability Insurance.
If they have employees, they should by law display their Employers’ Liability Certificate of Insurance on the premises. This will tell you the policy no. and the name of the insurer.
Hopefully you have Personal Legal Expenses Insurance on your home and Contents insurance? If so, give the Helpline a call.
Alternatively, contact a no win/no fee company - there are many to choose from.
The liability claim success will depend on whether or not it can be proved that they acted negligently or not. They will take a statement from both parties, and will ask for any witness statements along with copies of any accident forms etc.
Don’t expect a quick payout though - it can take years.
Hope that helps.

Yes you would be unreasonable. As an adult, feeling uncomfortable, it would have been best if you had trusted your judgement.

If you felt so unsure, then subsequently you felt you were let down, there is blame on both sides here as opposed to the 'fault' being one sided.

My view is that you have taken legal advice and are now able to pursue a claim. Although this is a sport with risks you were being tutored and expressed a worry about your inexperience to canter, especially as the horse was unsuitable for a novice rider.

I am unsurprised that you haven't heard from the school, they were unlikely to contact you if there was a possibility you might pursue a claim against them. I doubt you will get a huge financial award but you will ensure that they are more responsible in matching horses to inexperienced riders and not taking unacceptable risks.

Good luck.