Goldsmith v Patchcott [2012] EWCA Civ 183 (27 February 2012)

Goldsmith v Patchcott [2012] EWCA Civ 183 (27 February 2012)

The claimant, as an experienced rider, was aware of and voluntarily accepted the risk that the horse might buck if startled or alarmed; the fact that the bucking was more violent than anticipated does not defeat the defence under section 5(2) of the Animals Act 1971. Therefore, the defendant is not liable.

Citation
[2012] EWCA Civ 183
Parties
Claimant/appellant: Mrs. Kara Goldsmith; First Defendant/respondent: Mr. Robert Bradley Patchcott
Jurisdiction
England and Wales
Judgment Date
27 February 2012
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Strict Liability for Animals, Animals Act 1971, Defences to Strict Liability, Voluntary Acceptance of Risk, Personal Injury
Tort Law Statutory Liability Strict Liability for Animals Animals Act 1971 Defences to Strict Liability Voluntary Acceptance of Risk Personal Injury

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Parties

Mrs. Kara Goldsmith

Claimant/appellant

Mr. Robert Bradley Patchcott

First Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the requirements for strict liability under section 2(2) of the Animals Act 1971 are established
  2. 2 Whether the keeper of the horse has a defence under section 5(2) of the Animals Act 1971

Ratio Decidendi

The claimant, as an experienced rider, was aware of and voluntarily accepted the risk that the horse might buck if startled or alarmed; the fact that the bucking was more violent than anticipated does not defeat the defence under section 5(2) of the Animals Act 1971. Therefore, the defendant is not liable.

Court Disposition

Appeal dismissed

Orders

  • Claim dismissed
  • No liability on the part of the defendant under the Animals Act 1971