Injury to horse due to maintenance problem, whose responsbility?
 
 

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Injury to horse due to maintenance problem, whose responsbility?

This is a discussion on Injury to horse due to maintenance problem, whose responsbility? within the Horse Boarding forums, part of the Barns, Boarding, and Farms category

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        08-11-2014, 04:11 PM
      #1
    Foal
    Injury to horse due to maintenance problem, whose responsbility?

    My young mare rolled in the pasture where she grazes with three other mares. She rolled on a two by four with a hook on it that was stuck in the ground. The two by four was there to mark a hole near the feeding gates, the two by four became dislodged from the hole during a storm. The hook sliced her belly and caused considerable damage and many vet visits. She is currently on stable rest. The barn manager/owner was extremely helpful during this recuperation period. My mare is almost all the way recovered. I have a large vet bill and medications bill. I have boarded there almost a year and have enjoyed it very much. I am unsure how to proceed. This instance of the hook seems like willful negligence on the barn manager/owner's part. I have not discussed it with the manager or with any boarders, I wanted to make sure my mare recovered before attempting to receive any accommodation. Any advice appreciated.
         
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        08-11-2014, 04:15 PM
      #2
    Showing
    You've waited all this time without saying word one about being recompensed for part/all of the vet bills? Why?

    Did the BM/BO help with medicating and wound care? If they did, it makes you seem like a greedy money grubber now that the horse is recovering, and you want to get money out of them.

    If the liability issue wasn't discussed at the time, you're probably out of luck. You might get a lawyer to take the case, but you'll be asked a lot of difficult questions by the judge, including the ones I've just asked.

    Also be prepared to find yourself without board for your horse. Word travels fast in the horsey community, and someone who is looking for a scapegoat is going to be persona non grata. Nobody wants to think their boarders are going to try and get money out of them for an injury, especially if nothing was discussed at the time of said injury.
         
        08-11-2014, 04:16 PM
      #3
    Green Broke
    How long had the board been that way? Does anybody make a point of regularly walking the pasture to check for any hazards?

    If had been there for awhile and the owner had previous knowledge maybe.

    Had anybody noticed it and reported t to the owner with no action taken?
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    Speed Racer and churumbeque like this.
         
        08-11-2014, 04:22 PM
      #4
    Weanling
    If that had happened to my horse, at a barn where the horse and I are both happy, I would just foot the bill. Unless they offer to help. I don't burn bridges at barns where my horse is happy.

    If it was a barn where they were not keeping up with the maintenance and it was a regular occurrence, that would be one thing. But if the tend to be good BOs and decent people, I would let it go. Accidents happen.
    Speed Racer likes this.
         
        08-11-2014, 04:28 PM
      #5
    Trained
    Horses will find something to get hurt on. That is a fact. I am totally with SR here. If you expected any help with the vet bills, something should have ben said a long time ago. The board was "dislodged in the rain"….and was like that how long? How many folks, including yourself, probably saw it and walked by? Was the BO/BM aware of it? You start stirring this pot and you will likely be without a roof over horses head. SOme things you just have to accept as part of having a horse. We do the best we can, but stuff happens.
         
        08-11-2014, 04:36 PM
      #6
    Banned
    If you carried insurance on your horse, which most barns near me require if the stock is of any value, then your insurance company would be handling it. You said it was used to mark a hole near a gate, I have to say what idiot marks a hole anywhere near livestock or people? Why wasnt the hole immediately dealt with, rather then mark it? Any place that would be so lax is certainly not a place I would ever consider.
    churumbeque likes this.
         
        08-11-2014, 04:43 PM
      #7
    Trained
    Bugzapper-I have boarded quite a few places in my 50+ years, and only ONE required insurance. It happened to be a reining barn. H/J barn with horses of equal value-not required or even suggested.

    We also "mark" holes, typically out on the trails, not in the pastures, but we use the little flags like surveyors use that would not hurt anything. If you have a lot of land and large pastures, it is a bit of a waste to fill in a hole until you deal with the critter the made it. Effort in futility. So, you do the best you can at the moment sometimes. And yes, we have horses of "value" on the property, altho I would suggest that everyone's horse is valuable to them, even if it is not defined in cash amounts.
         
        08-11-2014, 05:03 PM
      #8
    Yearling
    Quote:
    Originally Posted by franknbeans    
    Bugzapper-I have boarded quite a few places in my 50+ years, and only ONE required insurance. It happened to be a reining barn. H/J barn with horses of equal value-not required or even suggested.
    Judging from this post and all others BugZapper lives in a more elite world than the rest of us.

    OP - I've seen horses live in junk yards and never get a scratch and others live in the most pristine homes and get torn up monthly. I think its just par for the course on horse ownership. I hope your mare continues to recover quickly - it sounded like a pretty bad injury.
         
        08-11-2014, 05:12 PM
      #9
    Foal
    Clarification on Injury and Follow Up

    Quote:
    Originally Posted by Speed Racer    
    You've waited all this time without saying word one about being recompensed for part/all of the vet bills? Why?

    Did the BM/BO help with medicating and wound care? If they did, it makes you seem like a greedy money grubber now that the horse is recovering, and you want to get money out of them.

    If the liability issue wasn't discussed at the time, you're probably out of luck. You might get a lawyer to take the case, but you'll be asked a lot of difficult questions by the judge, including the ones I've just asked.

    Also be prepared to find yourself without board for your horse. Word travels fast in the horsey community, and someone who is looking for a scapegoat is going to be persona non grata. Nobody wants to think their boarders are going to try and get money out of them for an injury, especially if nothing was discussed at the time of said injury.
    I waited all this time (four weeks) without saying anything because the BM/BO said it "was all her fault" in front of the vet and the other boarders. I did not receive a bill from the vet until I called today and questioned it. I also did not say anything because I did not want any drama with moving my horse when she was injured and frightened if the conversation with the BM/BO went south. I am married to a litigation attorney and he advised to not say anything until I was ready to move my mare and I knew exactly how much the vet bill was. The BM/BO has been extremely helpful with wound care and medication, and has also dismissed the stable help who left the board out.
    churumbeque likes this.
         
        08-11-2014, 05:14 PM
      #10
    Green Broke
    If you (or other boarders) had pointed out the board as a potential hazard, then you might have legal ground to expect the barn to pay some or all of the vet bills. However, if no one (especially you) had pointed it out and asked for it to get fixed/made safer, then it's less likely you have any right to compensation.

    Legal rights aside, as others have said- if you and your horse are otherwise happy there then I wouldn't make a fuss. Maybe take it as a reminder to pay attention to potential hazards and point them out to the BO before something else happens.

    I recall on my boarding contract a line similar to "I have inspected the grounds and find them suitable for my horse's safety," though I suspect very few people walk the pastures and give a thorough look at the stalls before signing the contract. What's not written is that you should continue to make sure things meet your expectations for safety so long as your horse is boarded there. If something breaks or is added in a way you think is unsafe, speak up.
         

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