Do you think they have a case? - Page 2 - The Horse Forum
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post #11 of 19 Old 11-19-2010, 12:12 AM
Join Date: Sep 2010
Location: Kentucky
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From what I read this mare was 8yrs old. She had competed but her last USEF show in 2008. Does not sound like horse was currently showing. I thought it said she was lungeing but now I see she could of been riding and fell.

It does not say how the trespasser was behaving. If he was negligent then yes I do think the owner has the right to sue for the current value of the horse if unable to be used for her intended goal, however if recoverable than only the medical costs.

I do not think however, they have any right to sue for "future possiblities" of the horse. As the horse hadn't been shown in any sanctioned shows in two years it is hard to say that it was currently a valuable showjumper. I'd like to believe that all my future foals will win big awards, but no guarentees in life.

Also suing for costs of missing high level shows... why... she could of tripped and twisted her ankle... gotten a cold... horse decided not to load up that day.

Horses are a dangerous sport... thats why they post big liability signs everywhere stating that very fact. You get on a horse, you risk your life. I don't care if its a youngster fresh off the track or an old been there done that horse. They are animals and not machines. If you want to ride them you choose to put your life in a precarious position.

Was the guy right to be on her land... no... but is he accountable for everything that happened... no, with a condition. If it was his intention to cause havoc then I think he should get a severe penalty.

Life happens... if you insist on being put in bubble wrap... pretty soon you won't be able to move.
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post #12 of 19 Old 11-19-2010, 09:47 AM Thread Starter
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Thanks folks!

A few of you mentioned what I had going on in my head. If the horse was to be an upper level show horse, you can't control the show arena, spectators, etc.

Just thought I would post for some interesting conversation!
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post #13 of 19 Old 11-19-2010, 10:29 AM
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As long as a lawyer is willing to represent, there is always a case :)

"Equine-facilitated therapy employs a form of biofeedback for practicing self-awareness, emotional management, and relationship skills that human role-playing exercises and discussion groups cannot begin to access." Linda Kohanov (The Tao of Equus)
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post #14 of 19 Old 11-19-2010, 12:17 PM
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Location: Ontario
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"The Barbatos’ say Strauss was negligent in the fashion in which he rode his horse onto the land, located on Lambertville Headquarters Road, and should have known injuries would ensue."

Ya, because Strauss can tell the future... that being the case he won't have any problem paying the lawsuit. He'll make millions forecasting for the financial and insurance industries now that eveyone know about him.
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post #15 of 19 Old 11-20-2010, 07:07 AM
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Originally Posted by Skipsfirstspike View Post
A horse can easily be spooked by another horse, especially if the first horse comes tearing out of a blind corner up behind the other horse. If the show horse was young, high strung and just in training, yes, disaster is possible. I would be livid if I were the property owner.
Or even if they just walk out from behind a building.

My mom was riding Scout the other day, while another horse grazed loose on grass near by (not the best idea, the same horse on I think a different day ended up running around the property). But when she came out from behind the office, Scout spooked. Not a big spook, but still got surprised.
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post #16 of 19 Old 11-20-2010, 07:29 AM
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To those wondering about a high level show horse and crowds, noise etc. Who knows how that horse is outside of the arena at a show and how it is in. I think we all know horses that are great arena horses but not so great anywhere else.
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post #17 of 19 Old 11-20-2010, 03:53 PM
Join Date: May 2010
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I have known a horse who while at shows nothing bothers them, they behave perfectly and never do anything wrong. When at home they spook at shadows, noises, and other horses. They buck, rear and bolt. If you didn't know better seeing the horse at a show one day, then at home the next you would swear it was a different horse.

Myth= Free/Cheap horses are expensive.
Indy was $150 we keep her in a pasture with a shed for free and she is brushed and fussed over dailey. Other then deworming and feet trimming she isn't costing us anything.
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post #18 of 19 Old 11-24-2010, 03:09 PM
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I think they have a good case. When the neighbor's pony jumped out of bushes my horses spook. And we have ponies for over year already. So why not? Could of happen.

SR, I believe if one very kindly asks for permission to use part of the property to pass to the park even rednecks will be OK with it. Heck, in fact I believe rednecks will be much better about it than those non-rednecks we have around here (and who goes bananas if you step 1 foot on their property).
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post #19 of 19 Old 11-30-2010, 09:05 AM
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We rednecks generally don't mind if someone asks permission to fish in our pond or cross the property in search of a deer that took off after being shot. (Got more than one lovely chunk of venison that way!) At least we didn't mind until last month. Now no one goes back there.

If the guy had been warned to stay off of the property, and ignored the warning, that's criminal tresspassing around here. The guy might be liable for the actual expenses incurred - like the medical expenses for the rider and horse and the repairs to the fencing - but I doubt that he would have to pay for more than that. At least that's the way it is around here. The judge might throw in a small amount of punitive damages to compensate for loss of use, but no one would collect much more than actual damages.

And, just so you'll know - unlike criminal courts where you would have to prove beyond a shadow of doubt that this guy caused the injuries to the horse, in civil court, you just have to show that this was most likely the case - I think it's called a preponderance of evidence or something like that...

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