Bicycle accident with horse

[Natural Defender]

Early July this year, I went to help my mate at the Fauresmith Horse Endurance Race in the town of Fauresmith, Free State. This a 3 day 200km event.

 

At the end of the first day, when we got the horse fed, recovered and stabled, I went for a ride on my bike. The setting in this Karoo town is beautiful and the weather was very favourable. So I went out for an hour, returning just before dark.

 

The way the area is set out, is the horses are stabled in an area which is fenced off and next to this is an area, also fenced off where the humans live. People bring caravans and erect tents on demarcated sites. ACCORDING TO THE RULES, NO HORSE MAY BE IN THE HUMAN LIVING AREA.

 

I entered the human camp and was about 150m away from our caravan, when I saw a horse galloping at full speed along the graded road towards me. I tried to get out of the way of this obsessed beast, but was not able to do so. The horse collided with the rear end of the bike and sent me flying.

 

The damage to the bike was a broken rear triangle of my Specialized Epic, 2007 model. The chain rings are bent and obviously the wheel is buckled. Out of interest, the tyre did not lose pressure.

 

I sustained a severely bruised left quad, which has needed fluid being drained off it a number of times. My leg is still sore and has scar tissue damage. Need to have further physio carried out on it. I am not sure if the horse was injured. Too concerned for my own wellbeing. I left Fauresmith very early the next morning to return to Johannesburg for medical treatment. I don't know who owns the horse.

 

I have sent letters to the organisers claiming compensation for the damages to the bike, but they say it has been referred to their lawyers, meaning I need to employ a lawyer to try get some money out of them.

 

Hence my post in the classified section, where I am looking for a rear triangle for this bike.

 

All I can say is that should the horse have made contact with me half a metre closer to the front wheel, I personally would have been struck. The outcome would have been extremely severe, broken bones at least. Thank goodness that did not happen.

 

[Skylark]

That's a rough experience man , plus all the added medical bills and time off.

Have you got a copy of the organisers disclaimer?

 

If they talking lawyers already, although that's the oldest scare technique, its probably not going to be worth it unless your future medical costs as a result of this warrant it. I'd rather ask nicely if that's possible at this stage and try politely convince them of your sorry state of affairs after a rogue horse at THEIR event injured you and damaged your bike. But technically the owner of the horse may be liable rather than the event organiser?

[No Hare]

Can't we just, all get along?

 

OK, seriously.

I've done a few out rides and where horses is concerned one must inform the organizers immediately about a loose animal and injury. You got no idea to whom the horse belongs and the organizers will not take responsibility for a incident that has only been brought to their attention, now.

 

Normally, just yelling: "loose horse, help!" and you will have quite a few people coming to your assistance. Them being horsey people and all , the owner will quickly be identified.

 

in any case, good luck.

[koukie]

If I were you I would have found out there and then who the horse belongs to, now its two months down the line and everybody can just say sorry its was not mine?

[Kranky]

Many horse owners have insurance for damage caused by their horses. A friend's horse decided to take a seat on a car's bonnet, you can imagine the damage, insurance paid out.

Edited August 28, 2013 by Nick.

[Blackbeard]

Asking nicely will not help as indicated by the fact that the organisers have stated that they have referred the matter to their lawyers. Instruct an attorney who will look into the merits fully and advise you. Generally speaking and not knowing all the facts, your attorney will ask the organisers and the owners of the resort in writing to identify the owner of the horse. When they refuse/fail to respond/deny all knowledge, sue the organisers and the owners of the resort jointly and severally, the one paying the other to be absolved. They will identify the owner in their pleadings or risk judgment against themselves. Then join the owner to the action. One is legally obliged to maintain control of one's animals at all times and failure to do so attracts strict liability. Be sure to claim for future medical expenses.

 

This is very simplified but your attorney can advise you more fully.

 

Good luck.

Edited August 28, 2013 by Blackbeard

[Red Zone]

Lawyer up and teach them a lesson

[RexFuzzle]

It's been mentioned before around here but isn't this more suited to a small claims court?

[fandacious]

It should be no problem to claim from their liability insurance

[Natural Defender]

I was treated by the St John's ambulance officials on duty after they were called by the organisers. I also sent them an email the evening after the accident in which I informed them I do not know who owns the horse and I was too injured to find out. I asked them to investigate and find the owners and if they did not come back to me that I would hold them responsible.

 

I have also considered the small claims court. This does not seem like a huge issue to pursue.

 

Their rules of the event state that if an owner is found to have his horse in that area he will be liable for a R500 fine.

[LOOK695]

It wastn't my horse, promise . Hope you come right with your bike

[Natural Defender]

I know I have left it a long time. Spring is here, time to dust the winter "sorry for yourself" off and get riding again.

 

This time last year I was riding in the Tour For Life, an event for the beneficiary of Doctors Without Borders. 8 days 1500km from Bardonnecchia in Italy to Valkenberg in Holland. It took in Alpe du Huez, Col de Madeleine, Col de la Croix de Fer and many more. The fittest I have been in years and now I am the fattest in years. It is time to "live a little" again.

[argie1]

Hope you recover fully.

I would imagine that the event organisers have a clause for any entrant, stating that they enter at their own risk and can't claim a sausage from the organiser, patrons, etc etc in the event of any incident, much like all the fun rides we do. That could leave you with having to identify the owner yourself and taking legal action against them.

I can't recall if there is a sign at the entrance to the park about enter at own risk. May have been sold for scrap by now.

 

Unfortunately, being so long after the incident would make it difficult but not impossible to track down the owner. As you may know in endurance events, there are vet checks after each leg so start with the horses that were disqaulifed and perhaps that may narrow it down as they give reasons for the disqualification. We haven't been to Fauresmith for about 5 years but generally all the results are on the Erasa website. You need the date of the event to get the results.

 

Good luck, hope it gets resolved.

[Th3voic3]

Great excuse to get a 29er