Barn owner damaged property now what?
 
 

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Barn owner damaged property now what?

This is a discussion on Barn owner damaged property now what? within the Horse Law forums, part of the Horse Resources category

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    • 2 Post By stevenson
    • 1 Post By Saddlebag

     
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        02-23-2014, 09:14 PM
      #1
    Yearling
    Barn owner damaged property now what?

    So to start off with I am VERY upset about this. I spent a lot of money on a cart and have been storing it at my boarding barn (with permission and without incident) until now. I came out to the barn to find my cart literally belly up on top of a fence... With the stand placed near the fence and tractor marks all around it. It is now damaged with a large crack through a piece of the solid oak siding. The whole cart was restored not too long ago by Amish so it isn't going to be an easy replacement... I'm sure it is damaged or at the very least scratched or dinged elsewhere but, I couldn't stomach looking any further. I was livid and demanded the barn manager call the barn owner. She asks if the wind could have done it. Firstly the cart weighs over 400lbs and we've not had serious wind lately. However, the barn HAS been moving tons and tons of dirt to level out the property some so heavy machinery has been everywhere and they moved EVERYTHING else except my cart from the area it was upturned.

    I will be leaving this is the last straw. I want to be paid back for the damages they caused. What are my options regarding suing his home owners insurance or something?
         
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        02-23-2014, 09:22 PM
      #2
    Green Broke
    You can ask that they pay for the damages, what does your boarding contract state ?
    You may have to take them to small claims court. I would speak to the owner of the property and ask for damages to the cart, don't be rude or make any statements that can come back and bite ya.
         
        02-25-2014, 09:06 AM
      #3
    Green Broke
    I think it will depend on your contract. Often they say Barns are not liable for damage of items, or items left at owners risk. If it was left unsecured in a shared area (so not a private tack room or stable) you might not have much of a case.
         
        02-25-2014, 09:22 AM
      #4
    Started
    Hold your horses before you blow your top. Maybe the contractors driving the heavy machinery did the damage and didn't tell either your BO or BM and the first they knew about it was your phone call?

    Talk to them calmly. All they SHOULD need to do is talk to the machine guys, who should either pay up or call in their insurers. Hopefully...
         
        02-25-2014, 11:04 AM
      #5
    Cat
    Green Broke
    What a horrible thing to discover.

    I agree with everyone else - stay calm and get to the bottom of the issue first and find out what happened. If you stay reasonable the responsible party may own up and take responsibility and reimburse you for the damages. Believe it or not, there are people out there still willing to do that without the need for court. Sometimes it takes being confronted with the damage they did, but they still own up eventually.

    If that does not get you compensation, then your next step would be court. Most likely small claims, depending on the value of the cart.
         
        02-25-2014, 11:15 AM
      #6
    Yearling
    Be sure to get pictures of where the cart is belly up on the fence, and pictures of the tractor tire marks around it. Then remove it and take pictures of every part of that cart. Do you have previous pictures of it to show the way it used to look?
         
        02-25-2014, 12:06 PM
      #7
    Green Broke
    I am so sorry, I know how much you loved that cart.

    My guess it most likely was the heavy equipment operators, I can't imagine a BO or a BM being so disrespectful of a boarders property, although I am sure it does happen.
    But if you can get to the bottom of it and prove that the earth movers did it, they should have liability insurance. Don't burn your bridges just yet, you will need the BO help proving who did it and will need her help filing a claim.

    So sorry---- Get photos!!! Photos of tire marks too!
         
        02-25-2014, 02:14 PM
      #8
    Green Broke
    Wow, this is awful... Definitely take photos, if you end up choosing to go to small claims court, or something similar.

    Did you have a boarding contract?
         
        02-25-2014, 04:03 PM
      #9
    Showing
    Often if a worker damages something and the boss doesn't see who did it, he's not going to volunteer the information. The BO may not have been aware of the damage and may be quite willing to have a talk with the contractor.
    stevenson likes this.
         

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