A racehorse rider who claims he suffered back fractures when he was thrown off a horse he was exercising for trainer Jessica Harrington has sued in the High Court.
Exercise rider and now trainer Mark Fahey told Mr Justice Michael Hanna he was exercising the two-year-old horse for the Harrington yard when the accident happened seven years ago.
At the opening of the case, his counsel, Jonathan Kilfeather SC, instructed by Coonan Cawley solicitors, said at issue was the use of a stable bandage on one of the front legs of the horse. The court heard Mr Fahey believed it was cut open by the repeated striking of the bandage by the horse’s hind leg.
“It was the equine equivalent of standing on your own shoelace,” counsel explained.
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The defendants, who deny liability, has contended the bandage was the correct and safe one to use and is the type of bandage used worldwide for training horses.
It is further contended that what happened was an unfortunate accident that was not caused as a result of any alleged act or omission on the part of the defendants.
Protective boots
Mr Fahey (35), of Cloneygad, Monasterevin, Co Kildare, has sued Ms Harrington, of Commonstown Stud, Moone, Co Kildare, and Jessica Harrington Racing, of the same address, as well as Commonstown Racing Stables Ltd, with an office at Commonstown Stud.
He claims that on August 24th, 2015, he was thrown from a two-year-old gelding while he was riding on a sand gallop.
He has claimed he was required to exercise a racehorse on the sand gallop while it was bandaged and when it was allegedly unsafe to do so. He has further claimed there was a failure to ensure the racehorse was exercised with protective boots rather than bandaging.
The racehorse was allegedly caused to trip up and lose his balance due to having allegedly cut open the bandages which had been applied to his forelegs.
Mr Fahey claimed he was thrown heavily to the ground, suffering immediate and severe back pain as well as dental injuries.
Rider’s risk
All the claims are denied, and it is contended by the defendants that the incident was in the nature of an unfortunate accident that occurred in circumstances where the horse was caused to fall. This, the defendants say, is a risk accepted by a professional rider.
It is further claimed there was contributory negligence on behalf of Mr Fahey in that he allegedly failed to exercise a reasonable level of care for his own safety and he was allegedly the author of his own misfortune.
In evidence, Mr Fahey said he exercised the horse every day over two or three weeks and on the sand gallop five or six times. He claimed that, on the day of the accident, he was told they had to put on the stable bandages on the horse’s front leg and he put insulating tape over the bandage.
He said he was in a lot of pain after the fall and he told another rider to call an ambulance. He said he did not see what happened to the horse in the fall. He said his teeth were broken in the incident and he was very grateful to Ms Harrington, who paid for the dental work and also paid him for a time while he recovered from the fall.
Counsel for the defendants, Stephen Lanigan O’Keeffe SC, put it to Mr Fahey that it was not known what happened. Mr Fahey said it was a matter of opinion. Counsel suggested Mr Fahey was wrong to criticise the use of bandages. Mr Fahey replied he had not changed his opinion.
The case continues before Mr Justice Michael Hanna.
