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Child broke hand on riding lesson but no treatment was offered by riding school: can she claim compensation?
My 5 yr old daughter was horse riding, when the horse got spooked and threw her off and subsequently stamped on her. The instructor taking the class, dusted her down and promptly put her back on the horse. She applied no first aid, did not advise me to get it checked out nor did they ask me to sign an accident book. This was also witnessed by another parent watching the class. Is this not bad practice or a breach of H & S legislation? We understand that there is a risk of injury, that is not the issue. The problem is the lack of care they gave afterwards. On attending hospital, it became apparent that she has broken 2 bones in her wrist and is unable to do any sports for 6 weeks. Please advise,
The circumstances you describe do appear to be negligence on the part of the riding club. They should have a qualified first aider on hand and a proper assessment should have been made. You should certainly demand an apology and a change in procedures.
Whether this is actionable depends upon the question of causation. The injuries were sustained in the original accident. The question is whether the actions of the riding stable have caused any pain/suffering/injury and if so how this can be quantified. If the riding school had acted professionally your daughter would have been taken to hospital straight away and a diagnosis of 2 broken bones given.
However, the riding school's lack of action appears to have resulted in a delay in seeking medical attention of a few hours and does not appear to have exacerbated the injury. If this is right then the claim is for pain and suffering for a few hours and is of little value.
If we have made any incorrect assumptions - please come back to us.
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