Helping Catch an Escaped Horse: Moral Duty or Voluntary Assumption of Risk?
13th December 2020
Justin Valentine, counsel for the Claimant, discusses the recent case Wiencek v Cope where the Claimant was seriously injured whilst helping catch an escaped horse “Rebel”. Liability was disputed primarily on the basis that the Claimant was a knowing volunteer. The case illustrates the complexity of claims involving animals but confirms that where a Claimant is acting out of a sense of moral or civic duty, then liability can be established.