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.