Sad story - Page 4 - The Horse Forum
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post #31 of 40 Old 04-14-2010, 10:32 AM
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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.
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post #32 of 40 Old 04-14-2010, 10:34 AM Thread Starter
dop
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Quote:
Originally Posted by Alwaysbehind View Post
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?
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post #33 of 40 Old 04-14-2010, 10:36 AM Thread Starter
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[QUOTE=themacpack;604718]Did you expressly instruct the BO not to put your horse in the enclosure with the loose wire until the wire was fixed? QUOTE]

yes
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post #34 of 40 Old 04-14-2010, 10:38 AM
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Quote:
Originally Posted by dop View Post

yes
That is not what you said above. You said you told them to fix the wire, not that you did not want your horse out there with the broken wire. Two VERY different things.

And you basically gave the OK for both your horses to go out into that pasture when you put them out there on Saturday.

Do you honestly think if you were standing there you could have prevented a kicking injury?
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post #35 of 40 Old 04-14-2010, 10:41 AM Thread Starter
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Quote:
Originally Posted by Alwaysbehind View Post
That is not what you said above. You said you told them to fix the wire, not that you did not want your horse out there with the broken wire. Two VERY different things.

And you basically gave the OK for both your horses to go out into that pasture when you put them out there on Saturday.

Do you honestly think if you were standing there you could have prevented a kicking injury?
Do you like to argue for the sake of arguing? Not playing sorry..
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post #36 of 40 Old 04-14-2010, 11:03 AM
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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.
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post #37 of 40 Old 04-14-2010, 11:13 AM
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If you are so certain that you have legal grounds, contact an attorney and move forward. However, be prepared to be paying not only vet bills, but also legal fees if the courts do not see this your way.
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post #38 of 40 Old 04-14-2010, 11:18 AM
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Originally Posted by themacpack View Post
If you are so certain that you have legal grounds, contact an attorney and move forward. However, be prepared to be paying not only vet bills, but also legal fees if the courts do not see this your way.
This I totally agree with!

Be sure to tell your lawyer that you posted all kinds of details on a public internet BB.
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post #39 of 40 Old 04-15-2010, 08:52 AM
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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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post #40 of 40 Old 04-15-2010, 09:32 AM
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Quote:
Originally Posted by dop View Post


She should have fixed the fence when I asked. That truly is the issue imo. Again, I'm not an atty.
You do not have absolute proof the top wire of the fence caused the injury. As the friend of an equine attorney I can tell you - no proof - no basis for a case. It goes back to your contract. If you do not have one in place, an attorney is going to lay the blame at your feet for leaving a horse on premise without that piece of paper.

As Alwaysbehind said - you do not know when the fence was fixed. As a BO, I am up way early and in the barn very late doing things so as not to disturb my boarders. (and honestly so they are not in my way!)

I am sorry - you are upset and frustrated. Been there done that from both sides of the table. As previously stated - horses do amazingly stupid things. Your horse is young and otherwise healthy. Both positives for a speedy recovery.
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