Why dog owners must take the lead on safety and insurance
Britain’s dog population soared during the pandemic, and with more dogs now off the lead on country paths, the risks have grown too. A recent court case lays bare what can happen when dogs and horses collide - and why owners must take the lead on safety.
The story centres on dressage rider Melissa Smith, who suffered catastrophic injuries when her normally calm mare was spooked by two loose dogs being exercised by a professional walker on a Surrey bridleway. Melissa’s pelvis and back were broken, and she suffered a serious head injury after her horse reared and fell on her. Following years of surgery and rehabilitation, she continues to live with life-changing consequences and now competes as a para rider.
A judge has ruled that the dog walker was negligent and liable for Melissa’s injuries. The walker had four dogs with her, and it was two of these – both small dogs running freely around the horse - that triggered the accident. The court found it was entirely foreseeable that uncontrolled dogs could spook a horse, particularly when several are being managed together.
While cases this extreme are rare, the risks are not. The British Horse Society regularly reports serious incidents involving loose dogs and horses, including horses bolting, riders being thrown and dogs being kicked.
Elaine Guy, lawyer with Kingston based Carter Bells pointed out that criminal liability was also a risk: “Under the Dangerous Dogs Act, a dog does not need to bite for a prosecution to follow. A dog is judged ‘dangerously out of control’ if someone fears they could be harmed, and the penalties are serious - they include fines, prison sentences, and even destruction of the dog.
“It’s about responsibility as an owner when walking your own dog, or if you use a dog walker then check they have insurance and ask if they walk other dogs at the same time.”
Owners may face consequences if their dog injures someone, even when in another person’s care, and multiple-dog walking can increase risks. Some local authorities now limit how many can be walked at once on public land.
One of the striking points in Melissa’s case was that the professional dog walker held liability insurance, which ultimately funded the settlement. But in an unregulated industry, that’s not guaranteed. And where no insurance is in place, settlement for a compensation claim may involve pursuing the personal assets of the dog walker, or the dog owner if they are held jointly responsible.
Added Elaine Guy: “For injured riders, cyclists, walkers or bystanders, personal injury claims may be an option where negligence can be shown, but cases are often strongly defended, and evidence matters. A case like Melissa’s has taken years, and it’s a distressing time for all involved.
“Prevention is the best option, so put your dog on the lead in higher risk situations such as meeting horses and make sure to choose dog-walking services with the right training and insurance.”