Bodey v Hall

Bodey v Hall

The claimant, as an experienced horsewoman, fully appreciated and voluntarily accepted the risk of injury from the horse bolting and the trap tipping, thus the statutory exception under section 5(2) of the Animals Act 1971 applies and the defendant is not liable.

Parties
Claimant: Sally Bodey; Defendant: Gillian Hall
Jurisdiction
England and Wales
Judgment Date
05 August 2011
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Strict Liability for Animals, Animals Act 1971, Voluntary Acceptance of Risk, Personal Injury
Tort Law Statutory Liability Strict Liability for Animals Animals Act 1971 Voluntary Acceptance of Risk Personal Injury

Case Brief

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Parties

Sally Bodey

Claimant

Gillian Hall

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant is strictly liable under section 2(2) of the Animals Act 1971 for injuries caused by a horse bolting and tipping a trap.
  2. 2 Whether the claimant voluntarily accepted the risk under section 5(2) of the Animals Act 1971, excluding liability.

Ratio Decidendi

The claimant, as an experienced horsewoman, fully appreciated and voluntarily accepted the risk of injury from the horse bolting and the trap tipping, thus the statutory exception under section 5(2) of the Animals Act 1971 applies and the defendant is not liable.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed under section 5(2) of the Animals Act 1971 due to voluntary acceptance of risk.
  • Costs order as agreed by the parties.