A Professor of Criminal Law at the London School of Economics writes:-
"…as I see it the trustees are being over cautious. The reasons for this may be two-fold:
1. In law you cannot exclude liability for death or serious injury simply by passing the ‘dangerous’ item to someone else, with appropriate disclaimers. It all depends on the circs.
2. In an unreported case a few months ago, a former owner was held liable for a death/injury caused when the new owner’s child rode the horse without realising it had a tendency to bolt.
However, crucial in 2 was the fact that the former owner did not tell the new owner about the horse’s tendency. In our case, the trustees can and would make a full disclosure to the sanctuary (who in any event know the history).
So, I do not think that there is anything other than the remotest risk of legal liability, which should really be discounted."