Should I sue? - Page 2
 
 

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Should I sue?

This is a discussion on Should I sue? within the Horse Law forums, part of the Horse Resources category

     
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        08-08-2009, 05:36 PM
      #11
    Foal
    I would say go for it or try, but ask the lawyer,attorney if there is anything she could counter sue you for? Like Barrelracer Up said. If there is then make your decision.
         
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        08-08-2009, 05:52 PM
      #12
    Foal
    Quote:
    Originally Posted by CrazyH0rse    
    I would say go for it or try, but ask the lawyer,attorney if there is anything she could counter sue you for? Like Barrelracer Up said. If there is then make your decision.
    my mother called hers and the kid started yelling 'but why would she have a horse that pretty at the stables if nobody can ride him???' she yelled LOUD.

    I really don't think that she could fight with that...
         
        08-08-2009, 11:40 PM
      #13
    Foal
    I would definatley take legal action against the little brat and her *itch mother. HOWEVER, before you mention ANYTHING to them, or anyone else, I would talk to an attorney. Get all details sorted out, all your information straight, and any documents, release forms, pictures, vet notes, witness signatures, anything to prove her wrong and you right. Until all that is ready and the lawyer said he was ready to make a case, I would hold off on talking to anyone about it.
         
        08-09-2009, 12:21 AM
      #14
    Foal
    Pshhh Ya!
         
        08-09-2009, 01:26 AM
      #15
    Showing
    First off, owning a horse is a liability. Most people will put human safety above an animal's.
    My first thought is: You're coming into this situation full of emotion and anger.
    My second thought is: You might bring more harm to yourself than good. People might start talking about a horse being dangerous or that your horse wasn't protected properly; that there should be signs warning people about the danger of a young stallion; that you should have been more attentive. There are a million reasons why your going into court could backfire BIG against you.

    Do you have eyewitness accounts, besides you own, besides your best buddies', that will vouch for EXACTLY what happened? (Neutral parties would be best.)
    What EXACTLY did happen? Did the horse spook and run through a fence? Was it 110% the girl's fault? If not, I'm afraid you won't have much of a leg to stand on.
    Are YOU over 18? If not they might strip you of your stallion, or press charges for a minor owning a stallion.
    Do you have liability insurance, especially knowing you're dealing with a stallion?
    Hell, this girl's parents could counter sue you right back, saying the little girl is emotionally traumatized from the event, that she's little and didn't understand and obviously she had enough time to get this horse, tack it up and get on without anyone noticing - where were the supervisors?


    I'm just saying that you might just be in the heat of the moment right now.

    I'm sorry to hear about your horse, but I might suggest just rolling with the punches right now and think of ways to avoid this problem next time. How about a latch too high up for kids to reach? How about a loud bell on the horse's stall door or a "silent" alarm (so the alarm alerts a beeper or something away from the stall) to notify you whenever the stall door is opened? What about educating these children about the very real dangers that stallions are?

    I'm being the Devil's Advocate here, but I do have to wonder how this was possible at all.
    I do wish your horse a speedy recovery from these events, he'll come around to eating soon enough and as long as you take care of the cuts well from day one, they'll heal nicely as well. The only scars either of you will suffer will be the superficial ones. He's 3, he WILL get over this :)
         
        08-09-2009, 02:43 AM
      #16
    Weanling
    So sorry you are going through this, believe me know one wants to make this rough for you.

    Having horses is a liability and issues can be tricky. If you haven't already, take photos of the damage to your horse and to the fence. Get eyewitness statements - I would get with a lawyer first and see if you have a case.

    I would think that with her getting your horse out of her own accord and riding without permission will go a long way in your favor. It will especially help you if there are any clauses in the boarding contract stating to leave other boarders property alone.
    I would also look into whether a restraining order is possible - I have no clue if there is such a thing for "property", but maybe you can make her move.

    Breathe, take care of your horse and do what you can legally with your lawyer. Leave your emotions at the gate for your horse's sake - he will sense you are upset and that will not help him.
         
        08-09-2009, 08:40 AM
      #17
    Showing
    I posted this in your other thread since you seem to have two threads about basically the same thing. I'll just copy it to this one. By the statements you made in your user area, I assume you are living in Japan?
    -
    I don't know where you live, but in most states the likelihood that anything will come out of legal action is slim. The rider would be more likely to sue your parents. Even though it is rider error that caused the injuries to the horse, most courts are going to side with the human injury. The only court you could file in would be small claims and that's really not worth the effort.
    If your parents own the stables and have opened it up for lessons, I'm sure they have the liability insurance necessary for such a business. If not they need to get some. I know in the state of Kansas such places are legally obliged to post a warning about injuries and release of liability.
    I honestly don't think you have a legal leg to stand on in taking action against her. She has more of a case against your parents sorry to say
         
        08-09-2009, 10:29 AM
      #18
    Foal
    Quote:
    Originally Posted by JustDressageIt    
    First off, owning a horse is a liability. Most people will put human safety above an animal's.
    My first thought is: You're coming into this situation full of emotion and anger.
    My second thought is: You might bring more harm to yourself than good. People might start talking about a horse being dangerous or that your horse wasn't protected properly; that there should be signs warning people about the danger of a young stallion; that you should have been more attentive. There are a million reasons why your going into court could backfire BIG against you.

    Do you have eyewitness accounts, besides you own, besides your best buddies', that will vouch for EXACTLY what happened? (Neutral parties would be best.)
    What EXACTLY did happen? Did the horse spook and run through a fence? Was it 110% the girl's fault? If not, I'm afraid you won't have much of a leg to stand on.
    Are YOU over 18? If not they might strip you of your stallion, or press charges for a minor owning a stallion.
    Do you have liability insurance, especially knowing you're dealing with a stallion?
    Hell, this girl's parents could counter sue you right back, saying the little girl is emotionally traumatized from the event, that she's little and didn't understand and obviously she had enough time to get this horse, tack it up and get on without anyone noticing - where were the supervisors?


    I'm just saying that you might just be in the heat of the moment right now.

    I'm sorry to hear about your horse, but I might suggest just rolling with the punches right now and think of ways to avoid this problem next time. How about a latch too high up for kids to reach? How about a loud bell on the horse's stall door or a "silent" alarm (so the alarm alerts a beeper or something away from the stall) to notify you whenever the stall door is opened? What about educating these children about the very real dangers that stallions are?

    I'm being the Devil's Advocate here, but I do have to wonder how this was possible at all.
    I do wish your horse a speedy recovery from these events, he'll come around to eating soon enough and as long as you take care of the cuts well from day one, they'll heal nicely as well. The only scars either of you will suffer will be the superficial ones. He's 3, he WILL get over this :)
    There were like, 13 other people there. My friend recorded the whole thing on her phone.
    The girl was yanking on his mouth and kicking him, trying to show off. He got mad and tried to get her off his back, but she kept going and he spooked, causing him to run through the fence.

    I called each kid's parents and told them all about him and not to go near him because he wasn't fully trained. He only let me ride him.

    And she is 12 years old and has competed in many large competitions. I trusted her to follow the rules and I went out to wait for her.

    And no, I'm not 18. I'm 14. But I bought him with my own money.
         
        08-09-2009, 10:32 AM
      #19
    Foal
    Quote:
    Originally Posted by Vidaloco    
    I posted this in your other thread since you seem to have two threads about basically the same thing. I'll just copy it to this one. By the statements you made in your user area, I assume you are living in Japan?
    -
    I don't know where you live, but in most states the likelihood that anything will come out of legal action is slim. The rider would be more likely to sue your parents. Even though it is rider error that caused the injuries to the horse, most courts are going to side with the human injury. The only court you could file in would be small claims and that's really not worth the effort.
    If your parents own the stables and have opened it up for lessons, I'm sure they have the liability insurance necessary for such a business. If not they need to get some. I know in the state of Kansas such places are legally obliged to post a warning about injuries and release of liability.
    I honestly don't think you have a legal leg to stand on in taking action against her. She has more of a case against your parents sorry to say
    He's not my parent's horse. I bought him with my own money. And actually, the girl's mother already said she blames me, not my parents.

    And no, I'm not in Japan. I live in Montana.
         
        08-09-2009, 10:49 AM
      #20
    Yearling
    I say yes to suing for vet bills. She did not have permission to ride your horse and your horse was injured as a direct result of her actions.
         

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