Horse owner must pay widow after crash

2012-05-09 11:21

Bloemfontein - A horse owner has been ordered by the Free State High Court to pay R180 000 to the widow of a motorcyclist killed when he crashed into the animal, Beeld reported on Wednesday.

Magritha Swanepoel, 44, of Pretoria, had lodged the claim against Riaan Rhind in her capacity as mother of three children aged 10, 9 and 7.

Acting Judge Henriette Murray on Tuesday also ordered Rhind, owner of the farm Protea near Senekal, to pay Swanepoel's legal costs.

Louis Swanepoel, 44, died in August 2007 when he crashed into Rhind's horse Flash, en route to Hennenman, where his wife and children were visiting a relative.

Magritha Swanepoel drove back to Pretoria the following day to find her husband missing. After making numerous phone she found out that her husband's body was in the Bethlehem mortuary.

  • ludlowdj - 2012-05-09 11:35

    Not enough information to make an informed judgment in this case.

  • lydonmcg - 2012-05-09 11:45

    What a silly article. How did it happen? For all we know the dude could have been driving through a pasture and hit the horse there!

  • sharon.crouse2 - 2012-05-09 11:52

    I agree with Ludlowdj. The article does not state whether the horse was being ridden in the road ..or whether it had strayed into the road. If it had strayed, what were the circumstances. Would be interesting to have a more informative article so we can understand the judgment. Interestingly there is another article on the same page about Impala being run over and the driver getting fined. Goes to show when you only give us half the story we are always left to wonder ....

  • Jessica - 2012-05-09 11:54

    This is ridiculous!!! Besides the lack of information, how is it at all moral to make the horse owner pay?

      Ari - 2012-05-09 12:04

      Its not moral - its legal. If the owner was found to have been negligent then she is liable. Simple. Its called the law of delict.

      Tamaranui - 2012-05-09 12:06

      Condolences to the Family, Cos the horse was on the motorway , Horses aren't supposed to be there cos it creates situations like this hence the owner of the Animal is responsible.......

      Antipoaching - 2012-05-09 12:24

      absolutely Ari Stray animals on the roads cost millions in vehicle damage and numerous lives every year. In rural areas you have no chance of any compensation because the animals are not branded/tagged or micro-chipped and no-one will claim ownership of them if they get whacked....

      louis.langenhoven - 2012-05-09 12:28

      its not moral to make him pay its legal and if you ask me the law is an ass in this instance again because R180 000 is NOTHING- havin said that the article is quiet on a number of issues

      Peter - 2012-05-09 13:04

      And you guys gathered all that from the wealth of information in the article?... Wish i could read the minds of those involved. How do you know that the horse MUST have been in the road? Theres common sense then theres complete bias

      Clayton Richard Delport - 2012-05-09 13:59

      Seriously? Use your head.... If I walk past your house and your dog gets out and bites me you will pay so why is this any different? Oh and because the retarded farmer can't look after his animals someone is dead, so yes 180 000 is to little, I'd we we're in America it would of been that guys farm his cars and he would have to work off the rest of the debt that court would give him... It's nice to presume your not responsible for your and your animals actions...

  • Sean - 2012-05-09 12:00

    Animal owners are responsible for any damages caused by there animals. I have heard of numerous cases where animals walking in the road have caused fatal accidents. A cow comming through your windscreen is no joke. Obviousely the horse must have been on the road when the biker hit it. This happens often. Why all of the moronic comments. Seems that common sense is uncommon still. Sean.

      Antipoaching - 2012-05-09 12:21

      hope for the horse owners sake he has public liability! Indeed Sean animal owners have responsibility if their animals get out onto a public road.... Unfortuantely in SA no animal loses its owner faster than a beast involved in an accident on a public road. Unless there was some way of tracing owner of this horse he must have been honest enough to own up to ownership. In the Eastern Cape we have a constant battle with cattle & goats on the roads (national roads & in towns like Grahamstown), as they are not branded or tagged there is no recourse against the owners because they never come forward to claim ownership and in the absence of branding/tagging ownership cannot be proved.... relieved to see that in some areas justice is prevailing

      Peter - 2012-05-09 13:04

      And you gathered all that from the wealth of information in the article?... Wish i could read the minds of those involved. How do you know that the horse MUST have been in the road? Theres common sense then theres complete bias

      pearson.botha - 2012-05-10 09:08

      For really moronic comments read "Peter" May 9, 2012 at 13:04.

  • Maria - 2012-05-09 12:21

    What happened to the horse ????

  • hc12345 - 2012-05-09 12:27

    Hi Guys Use your brains; He crashed into the horse as the farmer was negligent in not making sure the horse could not stray onto the road. I am sure he did not hit the horse while it was locked up in its stable.

      Peter - 2012-05-09 13:01

      And you gathered all that from the wealth of information in the article?... Wish i could read the minds of those involved

  • Abe - 2012-05-09 12:40

    Seriously News24! Which brain dead person wrote this article? This sounds like a summary of a court event with all the relevant parts left out.

      Arvin - 2012-05-10 20:23

      Suspect Horseplay? Condolences to the bereaved family. Payout should be a lot more than R180 000-00.

  • John - 2012-05-09 12:53

    @Sean..I have also heard many reports of people wandering in the road and causing fatal accidents. Don't read much about them getting fined. Probably becos they, like the horse, are dead!

  • Nosiphom - 2012-05-09 13:02

    Only the R180 k is too little, guys who allow their animals to roam the roads should be taught a lesson. I crashed into animals on the Transgdadigdadi highway in Botswana - a good road messed up by animals - and almost died in the process !!

      Peter - 2012-05-09 13:14

      Maybe you shouldnt have been driving so fast?

      pearson.botha - 2012-05-10 09:10

      Peter thinks you were driving too fast. Peter is a troll and an idiot!

  • Andre - 2012-05-09 21:13

    It may be a badlynwritten article, but please spare a thought for the three kids who are fatherless and the wife, now a widow, who may well see some of the comments here.

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