Should I sue? - Page 3
 
 

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Should I sue?

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        08-09-2009, 12:18 PM
      #21
    Showing
    A 12 year old is still a young child. They still cannot be trusted to know what's dangerous. They don't have concept of that.
    You would most likely go nowhere by even trying to sue the family. Like I said, you would probably end up being countersued and they would probably win.

    Bottom line, this girl was left unattended and was given the devices to be able to gain access to a 3 year old STALLION and was able to tack it up without anyone being the wiser.

    Obviously something went wrong here, but most courts would argue that the stallion OWNER would be at fault. That would be you. The parents of the younger child (not you) could probably sue you for a hefty sum for putting their daughter in danger. It's the reality of the world.

    If the mom was there, she probably saw her child in imminent danger and didn't know how to handle the situation. It's a scary thing to watch your child ride without anything going wrong. When something does go wrong, you don't see anything but it being a dangerous sport.

    You said the horse spooked and ran through the fence. That is not the girl's fault. If the horse spooked, that was the horse's own action that sent him through the fence. Should the girl have had him out in the first place? No. However, that won't convince a judge to rule that the girl is at fault.

    All in all, taking care of the vet bills yourself would probably be the cheapest option as well.

    Please check with your state's laws regarding stallion ownership. In some states it is illegal for a minor (under eighteen) to own a stallion. Please keep that in mind because that's just one more thing that may backfire if you did decide to go to court.

    I would highly suggest you look into a better situation for this horse; I.e. Having a more secure set up. Take this awful situation and learn from it.
    I would suggest having latches to his stall secured somehow, or too high for a child to access. Or, as I suggested in the other thread, an alarm of some kind.


    I would HIGHLY suggest that this horse be gelded as soon as possible. If he is that rank, he should be gelded. In my humble opinion, children (under eighteen) are too young to know how to handle a young, immature stallion. There is a reason for the stallion law. Please consider gelding him.
         
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        08-09-2009, 12:30 PM
      #22
    Showing
    I agree with JDI, your parents own the business of a riding stable. They are liable for the people who come and ride. They should have been there telling this girl what horse to ride. She shouldn't have been able to just walk up to any stall and grab a horse. If I boarded this horse at your place I would be up to coming in on a lawsuit against your parents. They left a customer unattended in a dangerous place. Your parents are right in contacting an attorney. They need to be sure that they can't be sued. Perhaps that is what they actually did but didn't want you to know about it upsetting you more.
    I have a friend who owns a boarding/training barn. Her insurance is very expensive to cover just such things. I hope your parents have the same insurance.
         
        08-09-2009, 12:31 PM
      #23
    Foal
    Quote:
    Originally Posted by JustDressageIt    
    A 12 year old is still a young child. They still cannot be trusted to know what's dangerous. They don't have concept of that.
    You would most likely go nowhere by even trying to sue the family. Like I said, you would probably end up being countersued and they would probably win.

    Bottom line, this girl was left unattended and was given the devices to be able to gain access to a 3 year old STALLION and was able to tack it up without anyone being the wiser.

    Obviously something went wrong here, but most courts would argue that the stallion OWNER would be at fault. That would be you. The parents of the younger child (not you) could probably sue you for a hefty sum for putting their daughter in danger. It's the reality of the world.

    If the mom was there, she probably saw her child in imminent danger and didn't know how to handle the situation. It's a scary thing to watch your child ride without anything going wrong. When something does go wrong, you don't see anything but it being a dangerous sport.

    You said the horse spooked and ran through the fence. That is not the girl's fault. If the horse spooked, that was the horse's own action that sent him through the fence. Should the girl have had him out in the first place? No. However, that won't convince a judge to rule that the girl is at fault.

    All in all, taking care of the vet bills yourself would probably be the cheapest option as well.

    Please check with your state's laws regarding stallion ownership. In some states it is illegal for a minor (under eighteen) to own a stallion. Please keep that in mind because that's just one more thing that may backfire if you did decide to go to court.

    I would highly suggest you look into a better situation for this horse; I.e. Having a more secure set up. Take this awful situation and learn from it.
    I would suggest having latches to his stall secured somehow, or too high for a child to access. Or, as I suggested in the other thread, an alarm of some kind.


    I would HIGHLY suggest that this horse be gelded as soon as possible. If he is that rank, he should be gelded. In my humble opinion, children (under eighteen) are too young to know how to handle a young, immature stallion. There is a reason for the stallion law. Please consider gelding him.
    The horse wasn't even near her. He was in a barn about an acre away. She decided her lesson horse was boring and went to ride him.

    She is a champion jumper for her age group. I thought she'd know better!

    SHE spooked him. She was kicking him and when she smacked his rump with the crop, he freaked. And she didn't get hurt, so she can't say much. She wasn't even scared. She jumped off him before he hit the wire and walked away after saying he was a stupid horse.

    By the way her mother was sitting in the bench watching. She was perfectly calm and didnt help when I told the kid to get off my horse.

    I WOULD geld him but we can't actually go near him right now.
         
        08-09-2009, 12:35 PM
      #24
    Trained
    You're in Montana too? Good luck. I don't know where you are in MT, but animal cases are really hard and expensive around here and nothing seems to ever come from it. Were you there when all this happened?
    Was there anything in WRITING about the horse being dangerous/not being ridden?
         
        08-09-2009, 12:41 PM
      #25
    Foal
    Quote:
    Originally Posted by Spastic_Dove    
    You're in Montana too? Good luck. I don't know where you are in MT, but animal cases are really hard and expensive around here and nothing seems to ever come from it. Were you there when all this happened?
    Was there anything in WRITING about the horse being dangerous/not being ridden?
    Yes, I was there when the accident happened and my friend even recorded it on her cell.

    And yes, there is a written document. We had to fill it out with the county before we could buy him. I called every parent and told them abut him, too. THen I reminded each kid before they tacked up their horse.
         
        08-09-2009, 12:46 PM
      #26
    Showing
    I'm in complete agreeance with Vida.
    More to the point, something in this story isn't adding up for me, sorry.

    The bottom line is that this child was left unsupervised and she was able to gain access to a young stallion's stall and was able to tack him up without anyone noticing her absence.

    Her parents CAN argue that this child was emotionally traumatized by the event, and chances are it will win in court.

    I would be less worried about you suing them and more worried that they aren't going to sue your parents.

    You CAN geld this horse - all you have to do is sedate him, which sounds like it should be happening anyways from the sounds of it.
         
        08-09-2009, 12:48 PM
      #27
    Showing
    Quote:
    Originally Posted by TabbyNeko    
    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.
    Sorry I read this and assumed you were in Japan. My mistake -
    Biography:
    "I am half Japanese, half British"
    Occupation:
    "stalking J-rockers throughout Japan"
         
        08-09-2009, 12:49 PM
      #28
    Foal
    Quote:
    Originally Posted by JustDressageIt    
    I'm in complete agreeance with Vida.
    More to the point, something in this story isn't adding up for me, sorry.

    The bottom line is that this child was left unsupervised and she was able to gain access to a young stallion's stall and was able to tack him up without anyone noticing her absence.

    Her parents CAN argue that this child was emotionally traumatized by the event, and chances are it will win in court.

    I would be less worried about you suing them and more worried that they aren't going to sue your parents.

    You CAN geld this horse - all you have to do is sedate him, which sounds like it should be happening anyways from the sounds of it.
    We CAN'T sedate him. He won't eat and he knows how to dodge tranquilizer darts and stuff. He was trained to do that by the racing stables that owned him before.

    He's traumatized by the accident and we don't want to freak him out more.
         
        08-09-2009, 12:50 PM
      #29
    Showing
    Even more to the point, I'd be concerned that the parents could argue that someone close to you was filming the incident, and not trying to help the child.
    Perhaps the video would show the real story, from a neutral standpoint. What did you do to try to stop this girl? Was that reflected in the video? Chances are the video would work against you; it would clearly show the events leading up to the child's alleged traumatic experience.

    Have you talked to your parents about what has happened?
         
        08-09-2009, 12:53 PM
      #30
    Showing
    Quote:
    Originally Posted by TabbyNeko    
    We CAN'T sedate him. He won't eat and he knows how to dodge tranquilizer darts and stuff. He was trained to do that by the racing stables that owned him before.

    He's traumatized by the accident and we don't want to freak him out more.
    I'm sorry, but you CAN sedate him. You can make a squeeze so he can't move, or can't move much, and then a tranq dart would work. I find it incredibly hard to believe that there is NO way to tranq this horse. Wild undomesticated horses scared crapless by humans can get tranqued, I will assume that a horse that up to last week could be handled by a 12 year old child can get tranqued.
    I would strongly suggest finding an adult to mentor you throughout this.
         

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