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.

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