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Sad story

6K views 39 replies 10 participants last post by  mls 
#1 ·
Owned this beautiful guy for less than 24 hours before he suffered a severe extensor tendon laceration to the back left leg. Actually bought him on Saturday, April 10th and he was out of commission by noon on Sunday. :-(

His leg got caught in some sagging tensil wire fencing. I mentioned the fence problem to the BO well before my horse's arrival to her barn. The pictures we took on Saturday show the sagging wire. On Sunday, the fence was fixed. The BO stated the 3rd wire down caused the injury as it had pulled clean from the fence. I asked about the sagging top wire and she denied that it ever sagged. We took so many pictures on Saturday celebrating my horse's arrival to the barn that nearly every picture shows the top sagging wire crossing the 3rd wire in the pasture area where my horse was injured. Blood stains and black hair are all over the top wire as well. My husband got pictures on Sunday to show the differences from one day to the next.

The BO is a very nice person. We've had no problems. My daughter boards her horse at the same place. I was taken back by the fact that she didn't even say she was sorry it happened much less offer to pay some of the medical care expenses, which were and will be considerable. I don't know what my horse's outcome will be. Any chance of trail riding, showing, etc are out the window for at least 9 months considering the rehab he will require...if he even recovers as we hope he will...all still an uncertainty.

In your opinion, is the BO negligent for the ill repair of the fence?
 
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#3 ·
I am sorry for your poor guy's injury.
Honestly, I would say that your argument of negligence would be undermined by the fact that you put your horse into an area that you had doubts about. The fact that you mentioned the wire (which shows you were aware of it, not just the BO) and then put the horse out anyway puts you just as much at fault.
 
#5 · (Edited)
I am sorry for your poor guy's injury.
Honestly, I would say that your argument of negligence would be undermined by the fact that you put your horse into an area that you had doubts about. The fact that you mentioned the wire (which shows you were aware of it, not just the BO) and then put the horse out anyway puts you just as much at fault.
Thanks for your sympathy-much appreciated. I feel so bad for my horse as he's in pain and will be confined to a stall for the next 3 months. He'll miss the prettiest weather months...

Anyhow, to your point, which is a good one, I asked the BO to fix the fence before he was turned out on Sunday..she didn't fix it..she turned him out...he got injured. Does this make a difference in your opinion regarding negligence?
 
#8 ·
P.S. I had a horse that got ran down by a stallion that broke loose. He was chased into some sheet metal and cut him deeply in the front of his pasterns and he made a full recovery.

Not sure what your arrangements were on the turn out??? But I wouldn't take a horse in unfamilar surrounding and with strange horses and just turn him out unsupervised. That doesn't look like a cheap horse taht should just be plopped in with the herd? Horse sense on everyones part needs to be learned.
 
#9 ·
The plan for his first day of turn out (Sunday) was to be with another gelding he seemed to bond rather quickly with on Saturday. So, they were turned out together for a couple hours on Sunday and pretty much left to their own devices as the BO went about her other business at the barn. He was left unsupervised in other words.

Thing too is the fact that the BO couldn't get a vet there right away after he was injured. I gave her an hour to do it and when she couldn't arrange things, I called my old vet who dropped everything and got herself out there. It took her an hour to drive to the barn. She masterfully scrubbed and sutured the laceration with unbelieveable skill...so fwiw, his suture line will probably heal well and w/o infection. I'm way more concerned about weight bearing, gait deficits,stringhalt, etc.. that sort of thing.
 
#10 ·
I'm sorry to hear about your guys injuries. I'm not sure about the negligence, I think that it would depend on the laws of your state but it probably falls under some type of protection law for a boarding facility.

When my horse severed her tendons, she was given about a 70% chance of being sound. Her injury was very severe and required emergency surgery so it already sounds like yours is better off then mine was. She healed beautifully. She would not have a scar at all accept she got a fungus on the front part of her leg from being wrapped for that many months. Now she has white speckles on the front of that leg. It is also fatter then the other legs (due to scar tissue), but not by much. She is a bit off. She is not in pain, sound for riding but there is a mechanical lameness. She trail rides, walks, trots, canters, and even jumps on occasion. There is hope. She does not have stringhalt at all.

There was another horse that was injured on the same weekend as her, they opted not to have the surgury, there was an infection and the recovery time was a lot longer than mine. That horse does have stringhalt, BAD at the walk, not noticeable at the trot or canter. The girl that owns it still shows and places. At the trot, her horse has no lameness where mine does. At the walk, mine is just about perfect, hers has the stringhalt.
 
#11 ·
I'm sorry to hear about your guys injuries. I'm not sure about the negligence, I think that it would depend on the laws of your state but it probably falls under some type of protection law for a boarding facility.

There is hope.
Thanks. Sorry to hear the troubles your horse went through! Good to know that horses can have a good outcome or at least an acceptable outcome to this kind of injury. Really don't want my horse to be a pasture puff for the rest of his life...he's only two - doesn't turn three until May. BTW, did your horse wear any kind of immobilizing splint or boot after the surgery? Wondering..because my vet didn't recommend anything like this.

I really don't know what to think regarding the negligence. Seems to me, if I owned the business, I would do everything possible to secure the health and welfare of the animals and to especially reduce my liabilities. Accidents happen but this one could have been avoided.
 
#18 ·
The photo with the white paint with the fly mask? Slightly sagging maybe but I certainly wouldn't be overly concerned about it.

With only one leg injured it is very likely your BO is correct and it was a lower wire that caused the injury. Horses kick high with BOTH back legs using their front end to get more 'umph'. Actually a sagging wire would be forgiving but a tight wire would cut.

We just had the "safe for horses fencing" discussion here last week. It doesn't matter if you put the horse in a round rubber padded room - a horse can and will find a way to hurt itself.
 
#13 ·
I would say it's worth talking to someone with legal knowledge, here in Britain there is the CAB. Going off what I've read I think your claim is shaky at best since you knew there was a problem with the wire but you still took your horse onto that yard instead of going somewhere that didn't have a problem. In something like this it will be your word against the BO's.
 
#14 ·
I am very sorry about your horses injuries.


I suppose you are planning on finding a new boarding barn for your daughter and you?

Owning horses is a risky thing. They hurt themselves. You knew there was a risk.

Just curious, does your daughter's horse go out in that pasture? (Kind of guessing that is why you were taking photos of horses running in that pasture.)

To me it sounds like you are trying to blame someone for something that happens with horses. I mean really, how dare the barn owner not stand there and watch your horse the entire time your horse was turned out with another horse. How dare the BO not jump and fix the fence when you pointed out it was not 100%. And even more horrible, how dare the BOs vet not drop things to run to your aid.

I would guess that the BO did watch the horses for a while and they seemed fine so they BO then went about their business. If you were that concerned you knew the plan for the day, why were you not there to supervise yourself?
It is the top wire of the fence that is sagging in one area it appears from your photos. Though it is not best I can see why no one jumped to fix it. It is not sagged low enough that it is a real imminent risk (not like it is the bottom strand and it is hanging on the ground in other words).
Could the BOs vet have been busy with a different emergency and not have been able to drop it to come attend to yours?

All tragic accidents do not mean someone else has to pay.
 
#19 ·
I am very sorry about your horses injuries.

Thanks for your sympathy?

I suppose you are planning on finding a new boarding barn for your daughter and you?

Perhaps. But my horse is in no condition to move at the present time and my daughter and I really like the barn and the barn owner.

Owning horses is a risky thing. They hurt themselves. You knew there was a risk.

Indeed.

Just curious, does your daughter's horse go out in that pasture? (Kind of guessing that is why you were taking photos of horses running in that pasture.)

Yep, on Saturday we spent the entire day there. Had the injury occurred on that day, it would be different circumstances.

To me it sounds like you are trying to blame someone for something that happens with horses. I mean really, how dare the barn owner not stand there and watch your horse the entire time your horse was turned out with another horse. How dare the BO not jump and fix the fence when you pointed out it was not 100%. And even more horrible, how dare the BOs vet not drop things to run to your aid.

How dare she do this? Well, she is the barn owner and it is her business. She should have fixed the fence when it was brought to her attention as it was her responsibility to do so. I believe it was a reasonable request on my part.

I would guess that the BO did watch the horses for a while and they seemed fine so they BO then went about their business. If you were that concerned you knew the plan for the day, why were you not there to supervise yourself?

I trusted her superior knowledge about acclimating a new horse to her herd. I wasn't concerned on Saturday as the injury didn't happen till Sunday. BTW, I pay her for her services which includes the supervision, care, & safety of my horse and my daughter's.

It is the top wire of the fence that is sagging in one area it appears from your photos. Though it is not best I can see why no one jumped to fix it. It is not sagged low enough that it is a real imminent risk (not like it is the bottom strand and it is hanging on the ground in other words).
Could the BOs vet have been busy with a different emergency and not have been able to drop it to come attend to yours?

I have other photos that show the top wire sagging down to the third wire. I was just curious why the BO said the top wire wasn't sagging at all when it clearly was? The BO called several vets & none were available-this does concern me.

All tragic accidents do not mean someone else has to pay.

True, not all, but sometimes someone else does have to pay. That's life and truly it's not personal.
I'm guessing you're a barn owner?
 
#16 ·
I would also look into it. I honostly don't know. When it happened to my horse I had no one to blame but myself. I had a pile of left over aluminum siding next to the riding arena which is not fenced. It was on a hill near the barn but the child riding the horse did not have enough control and the horse trotted on up to the nicer grace and took just one tiny step back. Severed the tendons in the one leg and the artery in the other. It was a pretty scary situation, the next day, it took me less then ten minutes to move the siding to a safer location.

The first couple days after the surgery she was in a cast. (a real cast like what a human would have on a broken arm or leg). After the first couple days the vet removed the cast and then used the back half of it as a brace. So we wrapped with cotton wrap and then a sticky ace type bandage, placed the cast over that and then with the k-flex tape. It was a daily thing for about 4 weeks after she came home from the hospital, she was there for two....
 
#22 ·
I would also look into it. I honostly don't know. When it happened to my horse I had no one to blame but myself. I had a pile of left over aluminum siding next to the riding arena which is not fenced. It was on a hill near the barn but the child riding the horse did not have enough control and the horse trotted on up to the nicer grace and took just one tiny step back. Severed the tendons in the one leg and the artery in the other. It was a pretty scary situation, the next day, it took me less then ten minutes to move the siding to a safer location.

The first couple days after the surgery she was in a cast. (a real cast like what a human would have on a broken arm or leg). After the first couple days the vet removed the cast and then used the back half of it as a brace. So we wrapped with cotton wrap and then a sticky ace type bandage, placed the cast over that and then with the k-flex tape. It was a daily thing for about 4 weeks after she came home from the hospital, she was there for two....
Sounds like your horse got excellent care! Interesting about the cast.

I am so sorry to hear this :-( We had a Arab mare that completly "degloved" her back leg near the hock on high tensile cattle wire. She didn't see it and trotted right into it. It cut her up really bad, and it was down to the tendons. She was on stall rest for months, but she recovered fully with no lameness in the hock or the leg. She only had a scar where the wire had touched her. Keep us updated on your guy. Maybe things will turn out for the better :D
Thanks! Hoping things turn out well for him - my primary concern.
 
#17 ·
I am so sorry to hear this :-( We had a Arab mare that completly "degloved" her back leg near the hock on high tensile cattle wire. She didn't see it and trotted right into it. It cut her up really bad, and it was down to the tendons. She was on stall rest for months, but she recovered fully with no lameness in the hock or the leg. She only had a scar where the wire had touched her. Keep us updated on your guy. Maybe things will turn out for the better :D
 
#24 ·
dop,

I feel for you. Like I said, my horses injury was due to my own stupidity. I told my husband 15 times we needed to move that stuff and like I said, when I moved it after the fact, it took less then 10 minutes. I was SO MAD at myself for my own lazy faults. I can COMPLETELY see how you would be angry with a BO. You are PAYING that person to provide care for your horse. You pointed out a potential problem, and your horse got hurt. It is NORMAL to be angry, it's normal to ask the questions you are asking. I really hope that someone can help give you a good answer.

I'm curious as well if the BO could be faulted. I had a horse that was boarded years ago that was injured, not to that extent and he healed, with a huge scar. I always wondered if I could have gotten the BO to pay the vet bills. I just assumed it was an inherent risk. I do not see any wrong in your asking questions. Nor do I see anything wrong with how you are feeling right now....
 
#27 ·
dop,

I feel for you. Like I said, my horses injury was due to my own stupidity. I told my husband 15 times we needed to move that stuff and like I said, when I moved it after the fact, it took less then 10 minutes. I was SO MAD at myself for my own lazy faults. I can COMPLETELY see how you would be angry with a BO. You are PAYING that person to provide care for your horse. You pointed out a potential problem, and your horse got hurt. It is NORMAL to be angry, it's normal to ask the questions you are asking. I really hope that someone can help give you a good answer.

I'm curious as well if the BO could be faulted. I had a horse that was boarded years ago that was injured, not to that extent and he healed, with a huge scar. I always wondered if I could have gotten the BO to pay the vet bills. I just assumed it was an inherent risk. I do not see any wrong in your asking questions. Nor do I see anything wrong with how you are feeling right now....
Thanks. I really appreciate your post. Not sure what I'm going to do. I may consult an attorney. I may not. No amount of money can compensate imo.

BTW, my horse is eating well, drinking plenty of fluids, taking his meds w/o difficulty, bearing weight on the injured leg but still knuckling. Not sure what I'll find when I change the dressing today. Hope the suture line is intact.
 
#32 ·
You did not answer, is your daughter's horse turned out in that pasture with the loose wire?
My daughter's horse, my horse, and the BO's horse were turned out together in that pasture with the loose wire on Saturday. First time ever any horses were turned out in that pasture. BO's property is huge with multiple pastures. My family and I were there the entire day on Saturday. As I said before, had the injury occurred on Saturday when we were present, circumstances would be different. ON SATURDAY AFTERNOON BEFORE I LEFT, I asked the BO to fix the fence. On Sunday, my horse was turned out with the BO's horse - injury occurred on Sunday. My family and I were not there when the injury occurred - we planned to arrive later in the day. Clear enough?
 
#31 ·
Did you expressly instruct the BO not to put your horse in the enclosure with the loose wire until the wire was fixed? By your own admission, you were aware that - in your opinion - the enclosure was unsafe. Unless YOU took action (by giving such instruction), you are just as liable as anyone else in the situation.
 
#36 ·
No, not at all.

I thought you wanted to know the validity of a claim for the BO being at fault. I am pointing out the issues with your theory.

It is not arguing for the sake of arguing at all. Sorry you do not like decent to your theories.


If you plan to start legal action you probably should have a plan for moving the horses, just keep that in mind.
 
#39 ·
Do you know that the fence was NOT fixed when your horse was injured?

The barn owner might be saying the fence was not sagging because the fence was not sagging at the time of the injury.

You have proof that the fence was sagging on Saturday. And you have proof that the fence was not sagging on Sunday. You have no proof of when the fence was fixed in between and that it was not fixed while your horse was out.

The injury you describe could have easily happened if the horse kicked hard at the tight fence.
 
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