There have been cases reported in which riders have been injured as a result of youths throwing stones. In such cases it is possible for the victim to receive compensation.
If those responsible are traced the claim would be against the home contents insurer of the individual responsible if their parents have such cover (which includes negligent acts of members of the household whilst away from the property).
If the individual is not traced the claim would be brought against The Criminal Injuries Compensation Authority (CICA), which usually pays money only to victims of violent crime. CICA deals with compensation claims from people who have been physically or mentally injured because they were the blameless victim of a violent crime in England, Scotland or Wales.
It would be argued that the youths had committed a crime of violence by deliberately throwing stones at a horse and rider.
The amount of compensation that the Claimant receives would be decided once the medical reports had been submitted by independent experts and the long-term impact of the injuries assessed.
HorseSolicitor’s Managing Director, who represented a Claimant in a similar CICA claim, said: “This is a victory for justice, not only for Anthony and his family, who have been through a terrible ordeal, but for others who may also have suffered physical or psychological trauma as a result of accidents which occurred through no fault of their own. This case is particularly tragic because a young boy died but it is important that recognition is also given to Antony’s suffering and the effect this accident has had, and continues to have, on his life.”
The family had previously been told by 6 law firms that they approached before speaking to our Managing Director, that he could not pursue a claim for compensation.
The authority receives about 65,000 applications for compensation each year and pays out nearly £200 million annually to victims of violent crime.
A spokesman for the authority said: “The Criminal Injuries Compensation Authority always welcomes applications from victims of crime who are eligible for compensation. Mr Young was a victim of reckless behaviour on the part of the young boy and therefore entitled to a payment.”
This case highlights the importance of seeking advice from an expert. Some lateral thinking and application of the law led to compensation for this gentleman.
If you have a case that you wish to discuss call us now on 01446 794196. Where appropriate we operate a no-win no-fee service.