Racehorse Owners Public Liability Insurance Cover

Background

Recently, The Racing Post reported on a case in England whereby lawyers for Chris Kinane, who was badly injured at Wolverhampton Racecourse when kicked on the head by a racehorse, are threatening to sue the horse owner for negligence and are thought to be seeking substantial damages. It transpires that the owner does not have insurance cover and faces possible serious financial implications.

Since this report emerged, the Association of Irish Racehorse Owners has been investigating what the implications may be for Irish Owners if a similar incident happened in Ireland.

Under an Animals Act that exists in the UK, a racehorse owner there can be as exposed as the trainer of his horse, to the risk of public liability for damage done or injury caused by his/her racehorse. In the Republic of Ireland there is no similar act and the horse trainer's insurance covers liability that the owner may have in the Republic of Ireland in similar circumstances. If an Irish owner's horse runs outside the Republic of Ireland his/her liability may or may not be covered in that particular jurisdiction depending on the trainer's insurance policy.

Points to be considered or checked by Owners:

Owner's public liability may be covered by the trainer's policy, however there may be aspects of any possible claim that could be deemed to be a "grey area" and the following points should be considered/checked.

• Check that your Trainer's Insurance covers your public liability if your horse runs anywhere outside the Republic of Ireland.
• Check that your Trainer's Insurance covers your public liability if your horse is on grass or out of training for any reason at trainer's establishment or at home in your own establishment.
• Horse in pre training before being sent on to trainer-Owner's liability may not be covered is this situation

Conclusion

The first line of defence is the Trainer's Insurance Policy but should it be inadequate or not appropriate for any reason, the owner could be exposed to the risk of a claim. Therefore as a safety net, Owners may wish to have their own public liability cover and any member requiring more information on this can contact The Association by email or telephone..

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