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Who is responsible? Hypothetical

This is a discussion on Who is responsible? Hypothetical within the Horse Boarding forums, part of the Barns, Boarding, and Farms category

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        11-15-2011, 01:55 PM
      #11
    Banned
    Quote:
    Originally Posted by Puddintat    
    Let's say a boarder's horse was brought in from the pasture for feeding time and she was found to be injured.
    Quote:
    Originally Posted by Puddintat    
    Here is my question. Since this is a boarding horse, is the BO in any way responsible for the vet bill and loss of $$ to the owner since the horse is unrideable?
    Bolding mine

    Quote:
    Originally Posted by Puddintat    
    Well, the tin was the only thing they could find with blood on it. The horse that was injured happened to be the BO's horse.
    So the BO's horse is injured on the BO's property and you are asking if the BO should pay their own vet bills and pay and loss of use money to themselves?

    Or are you changing the story?
         
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        11-15-2011, 04:55 PM
      #12
    Weanling
    I think what the OP is asking is a hypothetical. Could have been worded better to stop confusion or maybe the title could have read better by others.

    To me what is sounds like is "BO's horse cut leg baddly in field, has tendon injury, now needs stall rest etc etc etc. If this was a boarder's horse that was injured this way (from tin sheet within access to the horse within extreme reach of animal from fright etc etc) would the BO be required to pay vet fees etc etc due to hazard existing in field..."

    I agree with those saying that if this was a boarder and had seen this tin in the past not bringing it to BO attention to remove hazard then not all can be put onto the BO.

    I think the reason why the word hypothetical is in the title of this thread, is because that's what it is.
    Ray MacDonald and Puddintat like this.
         
        11-15-2011, 07:05 PM
      #13
    Banned
    I'd be pretty peeved that a bunch of tin was laying just outside the fence line, but I don't think the BO could be held legally liable. Hope that it has now been cleared up and moved though.
    Ray MacDonald likes this.
         
        11-16-2011, 01:55 AM
      #14
    Started
    No, assuming the horse slid under the fence and the tin wasn't in the pasture, however the BO should be kindly asked to move the tin, just in case.
    Ray MacDonald likes this.
         
        11-16-2011, 08:13 AM
      #15
    Weanling
    Quote:
    Originally Posted by Alwaysbehind    
    Bolding mine



    So the BO's horse is injured on the BO's property and you are asking if the BO should pay their own vet bills and pay and loss of use money to themselves?

    Or are you changing the story?

    Sorry for the confusion. In this case, the injury happened to the BO horse. I was just curious how things would be handled if it happened to a boarder's horse. Just curious, that's all. If it were my horse I would pay the bills and not think twice but other people have voiced otherwise so I was just curious.
         
        11-16-2011, 09:08 AM
      #16
    Green Broke
    Depends too much on the specifics, and the local laws. Liability laws vary in different states and countries. SO many variables involved. The way the owner presents him self can make a difference as well.
    I lease my back field for board. I present my self as knowing nothing about horse care or boarding. I tell a prospective tenant to inspect the property and see if it meets their approval because I have no idea what is good or bad.

    Someone that presents themselves as a horse professional may take on greter responsibility.
    Negligence liability usually comes down to doing something that you knew or should have known not to do, that caused financial loss.
         
        11-16-2011, 10:07 AM
      #17
    Banned
    I agree with the people that say it is not something you can expect to collect from the BO. The boarders know the tin is there, they have accepted the tin is there. It is not like the tin is a hidden danger.
    Ray MacDonald likes this.
         
        11-16-2011, 11:17 AM
      #18
    Super Moderator
    What if the boarders don't know the tin is there?
    Ray MacDonald likes this.
         
        11-16-2011, 11:48 AM
      #19
    mls
    Trained
    Quote:
    Originally Posted by farmpony84    
    What if the boarders don't know the tin is there?
    In this situation, the tin was outside the fence. If the fencing is reasonable, there would be no reason to even consider a horse would contact it.

    There is NO reason for tin laying around in a turnout.
         
        11-16-2011, 09:27 PM
      #20
    Weanling
    Quote:
    Originally Posted by AlexS    
    I'd be pretty peeved that a bunch of tin was laying just outside the fence line, but I don't think the BO could be held legally liable. Hope that it has now been cleared up and moved though.

    Yes it was and the property was thoroughly inspected for other hazards.
         

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