Charles Esther
A top dressage rider has been awarded £500,000 in damages after a horrific accident caused by out-of-control dogs left her confined to a wheelchair.
Melissa Smith, a former international grand prix competitor, was riding her horse along a bridlepath in Surrey when two dogs being walked off the lead suddenly spooked her mare.
The startled horse reared up and fell on top of her, causing severe injuries including a broken pelvis, broken back, and serious head trauma.
She was airlifted to hospital with life-threatening injuries and faced months in a wheelchair, followed by two years of intense rehabilitation.
Despite this, Melissa showed incredible determination, undergoing multiple surgeries and eventually returning to riding.
The Incident on Crooksbury Common
The accident occurred in December 2018 on Crooksbury Common in Surrey.
Melissa, who runs a livery yard and trains dressage horses, was riding her eight-year-old mare, Lorentina, affectionately called Loti.
While riding, she encountered a professional dog walker, Diane Worth, who was walking four dogs.
Melissa warned Ms Worth to keep the dogs under control, especially since horses can be easily frightened by loose dogs.
Although two dogs were put back on the lead, two others—Buddy, a black cockapoo, and Harley, a white cavapoochon—ignored commands and ran free.
As the dogs darted around the horse, Melissa again warned Ms Worth about the risk of dogs getting behind the horse, which could cause it to kick out.
Moments later, the mare was spooked, reared, and fell on Melissa, crushing her beneath.
Melissa’s Injuries and Recovery
Melissa described the terrifying incident, saying her horse was badly frightened and fell with her trapped underneath, legs up in the air.
She was taken by air ambulance to St George’s Hospital, where doctors confirmed the severity of her injuries and the long recovery ahead.
Following the accident, Melissa sued the dog walker for negligence, leading to a court case in 2023.
Court Ruling and Legal Outcome
Ms Worth’s insurance company initially disputed liability, but the judge ruled in Melissa’s favour.
Judge Jonathan Simpkiss concluded the horse’s sudden behavior could only have been caused by the dogs’ actions.
He stated that if all four dogs had been on leads, the accident would likely have been prevented.
One dog, Harley, was known by its owners to walk off lead but “may chase other wildlife,” a risk the judge said should have included horses.
The judge found it foreseeable that loose dogs could frighten horses and cause serious injury to riders.
He ruled that Ms Worth should have anticipated this risk as horses were regularly ridden on the common.
Ms Worth admitted losing control of Buddy and Harley during the incident.
Her legal team attempted to blame Melissa, suggesting the horse had shown signs of agitation beforehand, but the judge dismissed this, noting Melissa was experienced and in control until the accident.
An allegation that Melissa should not have been riding on a public bridlepath used by dog walkers was withdrawn during the case.
Implications and Expert Opinions
Melissa’s solicitor, Mary Ann Charles of Shaw & Co, emphasised that the accident should never have happened.
She highlighted a lack of awareness about the risks dogs pose to riders.
Ms Charles said dog walkers often focus on their animals’ welfare but may overlook the safety of people they encounter.
This landmark ruling could have serious implications for dog walkers across the country, reinforcing the responsibility to control dogs near horses on public paths.
Melissa Smith’s courage and determination to recover from devastating injuries is inspiring, and her legal victory sends a clear message about accountability and safety.
