Our team advised a client in relation to his claim for damages for personal injury, losses and expenses resulting from being thrown from a horse while on an excursion during his holiday at Marsa Alam, Egypt.
The client was injured on an excursion described as a 'Super Safari' which he purchased from the tour operator's representative following the promotion at the 'meet and greet' reception for guests staying at the hotel.
It was the client’s case that, as part of the excursion, he was invited to ride a horse. The client alleged that he was asked whether he wanted to gallop and replied that he did not, as he lacked the experience, did not know the character of the horse and was not familiar with the terrain.
Notwithstanding this, the client's mentor spurred his horse on into a gallop and our client’s horse, as a result, also broke into a gallop. This took our client completely by surprise and he was subsequently thrown from his horse, sustaining serious personal injury. His injuries included an open fracture of the tibia and fibula of his right leg, a closed fracture of the right leg, two broken ribs, a collapsed lung and bruising to his right shoulder.
We contended the excursion contract was between our client and the defendant tour operator and submitted there was an implied term of the excursion contract that the excursion would be carried out with reasonable skill and care. The defendant would also be vicariously liable for any negligence, acts or omissions of any of its servants and/or agents or providers/suppliers of services.
The defendant denied they acted as principal to the excursion contract and liability was also disputed throughout. Court proceedings were commenced and just before the trial the case settled for £50,000.