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Law suit over new horse in pasture

This is a discussion on Law suit over new horse in pasture within the Horse Law forums, part of the Horse Resources category

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        08-23-2011, 08:07 AM
      #11
    Banned
    You do not say where you are, assuming you are in the US.

    That would be a small claims case. That means no lawyers are required. It also means that the judge might know little to nothing about horses. The judge might think they are like dogs or such and then find you responsible.


    I personally do not see how it is your fault at all. If you want to pay half because you feel bad then do so. Otherwise I would call their bluff and see if they take you to court.


    Before you pay anything be sure to ask for a copy of the bill so you are not paying for half of routine vet care items.
         
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        08-23-2011, 08:44 AM
      #12
    Banned
    Quote:
    Originally Posted by Alwaysbehind    
    You do not say where you are, assuming you are in the US.

    That would be a small claims case. That means no lawyers are required. It also means that the judge might know little to nothing about horses. The judge might think they are like dogs or such and then find you responsible.


    I personally do not see how it is your fault at all. If you want to pay half because you feel bad then do so. Otherwise I would call their bluff and see if they take you to court.


    Before you pay anything be sure to ask for a copy of the bill so you are not paying for half of routine vet care items.
    I disagree,.., if you pay anything toward the bill,
    It could be considered an 'admission' of some kind of guilt, or negligence.
    Remove your horses, and yourself from the situation,
    And if he continues to make contact with you, speak with a lawyer.
    I doubt he/they will bother you any further.
    Unfortunately, it looks like you may need to permanently relocate your horses because of this.

    Good luck.
    inaclick likes this.
         
        08-26-2011, 12:23 AM
      #13
    Green Broke
    To settle your own conscience, this guy was 100% in the wrong. You just don't go throwing a strange horse in with a herd without biting and kicking going on. Odds are someone is going to get hurt, you are just lucky none of yours came up hurt.

    As someone else said, this would go to small claims court. In that case round up all your horsey friends, print up a few articles about how to introduce horses, etc. Take them along with you to court just in case the judge doesn't know horses. Also, watch some Judge Judy so you know the does and don'ts. Those who go most prepared more often then not win.
         
        08-28-2011, 12:18 AM
      #14
    Showing
    There's a local fellow who's always yelling about calling his lawyer as tho he had the financial means to keep one on retainer, and threatening to sue. It's all noise. He does this because he thinks he's putting the fear of god in people. My response to this is Do what you feel you have to do. That usually makes them wild.
         
        09-12-2011, 08:34 PM
      #15
    Banned
    Well it his fault for putting the horse in the pasture to start with along with your horses he should've put it in a different area and My horse Baxter is the boss at the barn and he kicks, and bites Bud my fiances horse it because he tries to get in his food maybe that's the situation with what happened with your horses and the new horse or they just plain didnt like the new comer.My horse is the same way when it comes to bossing and I can't stop it I have prevented Baxter from kicking and biting Bud by separating the two.Horses are unpredictable they nice one minute next they are at their meanest Good luck just hope you don't have to pay alot of money and go to jail because it's bad business.I hope this helps
         
        09-12-2011, 09:01 PM
      #16
    Foal
    I don't know much about legal terms, but I do know some. If they threaten to sue you, I would say go for it. Chances are they're just trying to scare you. I would not pay one cent of the bill because you had absolutely nothing to do with the incident.

    If they do try to sue you, be prepared to explain how horses are herd animals that that they have a very specific pecking order. Also mention how you weren't even on the property at the time and you had no idea they were putting another horse in with yours.

    This is not your fault, you should feel absolutely no inclination to pay. I doubt they are really going to sue you. Unless they're stupid they probably already know they won't win with a case like this.
         
        09-18-2011, 12:20 PM
      #17
    Yearling
    Many, if not most, states have laws governing the risk of dealing with "farm animals" (horses fall into that group). In many cases they tend to say that the person who is dealing with the horse(s) is accepting the risk themself (these laws are usually in connection with the risk of human injury). A good lawyer would no doubt put this to good use in a courtroom. Along with the abundance of information available on horse behavior. But you never know what the outcome will be.
    It's obvious this person has very limited knowledge about horse behavior. I wonder what he would have done if he'd had three horses and thrown another one in the next year. Only to find out that the first three beat up his new horse.
    I shouldn't be so hard I guess. I had members of my family that had been dealing iwth horses for over 60 years before I owned my first horse (owning my horse was very different than having one to ride....especially in my family). Still, with the amount of information availble and the ease of getting it off the internet there really should be know excuse for not knowing the basics of equine behavior.
         
        09-18-2011, 01:23 PM
      #18
    Showing
    The landowner sure found herself a doozie in this guy. I wonder what else he'll make her get rid of. I suspect this horse issue was just the beginning.
         

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