Can I be sued for this? - Page 3 - The Horse Forum

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post #21 of 29 Old 03-12-2013, 08:06 AM
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Whatever state you live in, you probably have a 'limited liability act'. Forty six state have such a statute.

Google " 'Your state' equine limited liability law'. Several websites will come up with every state's limited liability law. They will be listed in alphabetical order if you scroll down or there will be a list of states to 'click' on. They spell out your responsibilities and hers as well as exclusions.

When I trained for the public, I spelled out to people (in a contract if I did not know them) that it was their responsibility to come and ride the horse under my supervision before they took the horse home. I also told people that too much feed and too little riding and exercise would likely be a problem for their 'green' horse. This can be a problem for even an older horse.

DO NOT contact your insurance Company. They will probably cancel your policy or raise your rates unless you have a specific 'activity insurance'. Then it is not going to cover her getting bucked off anywhere other than on your place. The less you ever say to an insurance company or agent, the better off you are.

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post #22 of 29 Old 03-12-2013, 09:36 AM
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Originally Posted by wausuaw View Post

In your case, I would offer help with situation, without saying fault (as this is business, it is always good to offer help, and if goes to court will also be a plus- since that always looks good. If she refuses, not your problem) Gather witness statements, and any video of the horse working with you. Document all correspondence.

Sounds like she's just po'd (which I probably would be, but I wouldn't necessarily sue over it)
If it does go down the legal route: the OP could offer help, but at a price. Offering help willy-nilly may come across as feeling that they hadn't done the training properly in the first place. She could offer to take the horse for another 30 days to get more miles on it, but she needs to charge training fees for it. Just my opinion anyway, I could be well off the mark here.

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post #23 of 29 Old 03-13-2013, 05:56 AM
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Originally Posted by PaintHorseMares View Post
I don't consider this to be the typical equine liability scenerio. Consider, though, ideas a quick google turned up...

What recourse do I have if I am dissatisfied with the services of a professional horse trainer?

"Generally speaking," Fershtman says, "virtually anybody who renders a service risks being sued for improper performance of that service." She says any of the following legal theories could apply:

Breach of contract. A lawsuit might claim that the trainer broke the terms of a contract by failing to keep the horse in training and, possibly, by failing to perform the training services properly.

Negligence. Depending on the facts, a lawsuit also could claim that the trainer gave negligent care to the horse.

Deceptive trade practice laws. Some states have consumer protection laws that protect consumers who claim they were deceived into spending money on items or services.
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I'll tell you what, anyone who trains for a living should take a video of the horse-before, during and after training and retain it. When I was a K9 officer, my trainer used to do that with any dog he sold. He would also take a video of the K9 and handler working out together before he turned control of the dog over to the department that bought it. Saved him lots of time in litigation when a bad handler would ruin a dog and claim the dog was improperly trained. Just my 2cents worth...
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post #24 of 29 Old 03-13-2013, 07:51 AM
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.

Did she specifically ask for you to train the Horse not to buck?

I doubt she has a leg to stand on unless that was part of the contract

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post #25 of 29 Old 03-13-2013, 08:36 AM
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If anyone is interest in how courts in various States have ruled on horse related suits, google equine case law and read about various rulings. Most are as you would expect, but there are some surprising (to me) ones.
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post #26 of 29 Old 03-13-2013, 08:38 AM
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Don't get legal advice over the Internet. It is often wrong, rarely includes your state's law, and any details you post can be used against you in court.

The state or county bar usually has a lawyer referral service. In Pima County, AZ, the referral service costs $35, and gives you a 30 minute consult with a lawyer who specializes in that area of law. $35 for 30 minutes with a real lawyer is cheap, and will give you far better information.

My guess is that she could sue you in small claims court, but would lose. I seriously doubt, from what you described, that any lawyer would take that case to court. The money damages are too small for there to be any profit for a lawyer, and as you describe it, the woman doesn't have a case.

But if you want a real answer, check on your local referral services and see if you can talk to someone who knows the law in your state.
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post #27 of 29 Old 03-13-2013, 02:02 PM
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I was going to type what bsms said but he beat me to it.
Get professional legal advice any time you have a situation like this. Shalom
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post #28 of 29 Old 03-13-2013, 02:49 PM
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That would be like suing Pontiac because I crashed my car.
What a 'tard.

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post #29 of 29 Old 03-13-2013, 04:41 PM
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I tell everyone who ask if my horses are safe or bombproof. If the horse is breathing then they all bite , buck and kick. There is no such thing as a bombproof horse. Shalom
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