Horse Injury whose liable? - Page 3
 
 

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Horse Injury whose liable?

This is a discussion on Horse Injury whose liable? within the Horse Law forums, part of the Horse Resources category

     
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        11-10-2009, 11:52 AM
      #21
    Banned
    Quote:
    Originally Posted by luvmyperch    
    As the owner of the property and manager of the horses' care, do the right thing and talk to your boarder about a win/win solution that will make everyone happy. These are the types of things that give BOs a bad reputation in their area.
    And also, they are the type of thing that gives a BO a GOOD reputation. If you handle it well and offer to pay you will be looked at favorably.
         
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        11-10-2009, 11:53 AM
      #22
    Yearling
    Quote:
    Originally Posted by Alwaysbehind    
    And also, they are the type of thing that gives a BO a GOOD reputation. If you handle it well and offer to pay you will be looked at favorably.
    Excellent point!
         
        11-10-2009, 01:14 PM
      #23
    Foal
    Yes I agree with others, and espec. With that last 2 posts. You can be sure other boarders are talking about the incident, and these sort of things snowball, when people start to think it could be their horse that gets injured next. I don't know american law, but I do think that if you are taking money from people to board thier horses, you have a responsibility to do as much as you can to keep them safe, and that ultimately, it will prove far less trouble for you and keep your boarders happy, rather than have them starting to think they should move thier horses elsewhere, before they sustain an injury/ vets bill. I think you should pay all of the bill, and get that fencing section sorted out asap. And then just put it down to experience
         
        11-10-2009, 01:32 PM
      #24
    Lis
    Yearling
    I agree with Lillie since if she decides to sue then you could be facing a lot more costs such as your legal fees, her legal fees if you lose, vets bills, aggravation. Plus you could lose boarders.
         
        11-10-2009, 03:07 PM
      #25
    Yearling
    If a BO has barbed wire and warns the potential boarder they're not admitting fault. They are presenting ALL the information to the potential boarder so that they can make an educated decision "board your horse here for $50 and risk getting caught up in barbwire or pay $300 at another place".

    It's kind of like warnings on toys or chemicals... warning someone doesn't assume responsibility.
         
        11-10-2009, 03:11 PM
      #26
    Showing
    Quote:
    Originally Posted by mls    
    I'm a BO. I also have horses in every turn out with boarders horses. Yes, fence boards get kicked out, etc. However - a section of fence where horses can get into the neighboring herd? Nope. I assume you divide as we do - horses that should get along with each other.

    You had THREE lucky incidents. IMHO - the section of fence was this accident waiting to happen. The fact that you acknowledged it to this boarder - yikes.
    Quote:
    Originally Posted by mls    
    However - you admitted to the boarder - as well as in writing on this board - that the issue has happened in the past. The attorney we have would have a field day being handed that type of information if she was representing your boarder in a suit.

    FYI as a barn owner - sometimes things need to be vented to your buddies via e-mail!
    Agreed and agreed.

    To the OP - you asked for advice and in my humble opinion, got some really good helpful responses. The bottom line is that this boarder's horse got hurt because of a pre-existing condition of your fence line that is supposed to keep horses in and safe. You have admitted not only to us but to your boarder that this has happened before - attorneys would have a hay day with that.
    I believe that the gracious thing to do is to offer to pay at least half of the vet bill.
    I would also agree wholeheartedly with MLS in saying that as a BO, there are some things that you don't want to rant about on a public forum.
         
        11-10-2009, 03:13 PM
      #27
    Banned
    Why exactly did you ask for opinions if you are going to tell us all that you do not agree with us?

    I am not lawyer and do not play one on TV or on internet BBs. But I have to agree with the people that say you are legally responsible.


    But the big picture here is, do you want the horse world in your area talking about what you did not do or what you did do?

    You know as well as the rest of us that they will be talking. Why not have them talking about what a great BO you are and how you offered to pay at least a portion of these vet bills?
         
        11-10-2009, 03:14 PM
      #28
    Lis
    Yearling
    [quote=starlinestables;455769] We also told her it was on our to-do list but wasn't a high priority.[quote]

    A lawyer would argue that she was waiting for you to fix that's why she stayed instead of moving. It would be argued as neglience on your part as this horse is the fourth one to do so but she was the one to get hurt. If it was me I would definitely be thinking about sueing as I'd be furious that a fence you knew wasn't ideal and had said it was on your to do list had been left so my horse had managed to escape and get hurt since you are the BO and I'd expect you to look after the fences to make sure they were as escape proof as possible.
         
        11-10-2009, 03:47 PM
      #29
    Yearling
    I think you missed the part where I told her it would be another month or two. She has only been here 3 weeks.

    I also bought the $200 roll of wire today and will fix it this week. The reason it has not been a big priority is because they have access to each other anyway. This injury could've happend even if the fence was completely finished. I polled my boarders and asked what they would rather have first... arena lights and a bathroom was top priority on their list.

    The reason I posted it on a BB is because I do take other peoples opinions into consideration whether I agree with them or not. I'm not afraid of getting sued...
         
        11-10-2009, 03:56 PM
      #30
    Super Moderator
    Quote:
    Originally Posted by starlinestables    
    If a BO has barbed wire and warns the potential boarder they're not admitting fault. They are presenting ALL the information to the potential boarder so that they can make an educated decision "board your horse here for $50 and risk getting caught up in barbwire or pay $300 at another place".

    It's kind of like warnings on toys or chemicals... warning someone doesn't assume responsibility.
    I'm not sure about that only because I had a dog that I knew had the POTENTIAL to bite because she had exhibited signs. I bought a beware of dog sign and was told by the animal control officer that lived near me that by posting that sign, I was admitting that I knew my dog was a potential threat. (I ended up giving the dog to my brother because at the time I was in a townhouse and around far too many people to have a dangerous dog.)

    I would think that if you had a fence problem and told a boarder you were aware of it... then you would be admitting guilt. As for the warnings on toys... people sue and people win......
         

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