Should I sue? - Page 5
   

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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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        08-09-2009, 12:24 PM
      #41
    Foal
    Quote:
    Originally Posted by hotreddun    
    I'm going to email a couple of horse friends that happen to be lawyers...and will post as soon as they get back to me. I feel like you could sue or atleast file a complaint with the police. The horse is your property...and in my eyes she "stole" your property (imagine someone just taking your car out of the garage and taking it for a joy ride) and damaged the said property. I would make sure to document all the vet bills and photograph everything. Your parent will have to sue though so make sure you have their support. At 14 you are still a minor...so your property is still actually their property legally. I'll get back to you...
    Thanks for your help :)

    I photographed everything and have every document dealing with the horse.
         
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        08-09-2009, 12:32 PM
      #42
    Showing
    I'm sorry but... I'm getting a little annoyed at this story.

    You can ALWAYS sedate a horse. Always. There are many many ways of going about it, from having two people with dart guns (Surely he wasn't trained to dodge two dart guns?) to creating a squeeze chute so the horse physically cannot move... bingo, you've sedated a horse.

    You are 14. You are not a professional. You haven't even been riding for a decade, so I'm sorry but this situation sounds like it is over your head and it is high time you admit that this horse needs help. Not from you, from someone who knows how to handle scared stallions.

    I have seen and dealt with many injured horses, and never once has the horse been so put off by the experience that it cannot or will not eat. That is a huge red flag, and certainly your vet needs to get involved.

    If you cannot even touch this horse, how on Earth are you caring for it? From tending to the wounds (when my horse was injured, a wire injury, he was tended to twice a day!!) to cleaning his stall.... you would think that within a week, this horse has to have had some kind of contact. Contact = enough to sedate him.

    Obviously this horse was calm. At least... calm enough for a 12 year old child to handle and tack up and ride. I find it very hard to believe that a horse that calm a week ago is so "traumatized" that it cannot be touched now. There ARE ways around that!

    Things, inconsistencies, in this story just do not add up to me. There are so many holes that I feel that some of the truth has been stretched.


    (psst... unless you have AMAZING Wi-Fi or wireless internet.. which never happens at barns... haha ask me how I know... you have been away from your horse for at least an hour ;) )
         
        08-09-2009, 12:37 PM
      #43
    Showing
    Totally unbelievable. Can you post a photo of the injury? If he's in a stall surely you can get one. You say you have the photos, lets see some.
         
        08-09-2009, 12:45 PM
      #44
    Showing
    Me thinks you are
         
        08-09-2009, 12:47 PM
      #45
    Showing
    Just so you are aware, this case would not by any stretch of the imagination hold up as being in any way comparable to stealing a car.

    The child was tempted by a pretty horse that was left unattended. The child was able to handle said calm horse and was able to tack this horse up - meaning said horse was calm enough to be handled by a child. All while this is happening, nobody has noticed that this child is handling a young stallion, even though there are stable hands nearby? Why was she not told off by one of the stablehands? If she could have asked them for a different horse, then they could have told her that the stallion was not to be touched.
    Then, said kid rides past you on said horse. Said horse is calm until said kid does something to set it off. Said horse tries rearing and bucking to get said kid off, which would frighten any kid. Said horse then crashes through a fence and throws said kid off.
    Said kid can claim that she was so scared she didn't know what to do.
    If you have never seen her act this way, that can be a plea of temporary insanity (or thereabouts) in court.
    Said kid can also sue for damages from you.

    THEN said horse can no longer be touched. By YOUR story, this horse has been without proper vet care for a week. If the horse absolutely cannot be sedated, then this horse also cannot be touched, meaning that his wounds are probably going to get infected. On top of that, the horse hasn't eaten or drank?

    No, I'm sorry, this story doesn't add up.

    Like Vida said, TOTALLY unbelievable.
         
        08-09-2009, 12:48 PM
      #46
    Showing
    Quote:
    Originally Posted by Vidaloco    
    Me thinks you are

    LOL yes.. methinks too :)
         
        08-09-2009, 12:49 PM
      #47
    Green Broke
    Quote:
    Originally Posted by JustDressageIt    
    Why was she not told off by one of the stablehands? If she could have asked them for a different horse, then they could have told her that the stallion was not to be touched.
    Was thinking same thing..
         
        08-09-2009, 12:49 PM
      #48
    Green Broke
    Hey isn't Vida the horse's name? O_O (Vidaloco's)
         
        08-09-2009, 12:51 PM
      #49
    Yearling
    Ok...I just called my lawyer friend. First she said you need to talk to a lawyer in your state because she's not familiar with all the laws there...we're in Texas. But she said...first of all it sounds like you warned against the horses "dangerous propensity"...meaning he's a stallion so don't ride him. She did say that the phone calls were good but from now on post a laminated sign on his stall and at the barn entrance that he is a stallion and should not be handled. Second...you need to find out if your state has a "strict liability" law. If you state has that your screwed...because no matter what she did and how many witnesses you have you are liable for your horses actions. Which is really unfair in my opinion but that's the way it is. Third...from your story it sounds like you have "assumption of risk" on your side. Meaning you told the girl the horse was dangerous...she has a lot of horse riding and show experience so she should "assume" the risks involved for riding that horse and likewise can't sue you. My friend wasn't sure about how her parents could take this...because the girl assumed the risk...while her parents (especially the dad that wasn't present) may not have...confusing. She said that you should always have both parents sign the release waiver along with the child because then ALL of them "understand" the risks inherent to horse riding and therefore can't sue you. Fourth, she said that a person who intentionally scares a horse may be liable for any damages that result. She said that she had heard of atleast one case where a neighbor got in a fight with another horse owning neighbor and struck a horse in the jaw. As a result the horse owner sued the neighbor for punitive damages for assault/battery and damage of property. She won $3000. The only thing going against you would be if the girl could prove your horse had a "propensity" for spooking and running off with you or anyone else. If she could prove that "propensity" then she might not be held liable for the injuries that occurred.

    Anyway...thats what she said. I would contact a lawyer and atleast talk it over with them. I would try to make a case because you warned that the horse had a dangerous behaviour...the girl ignored it so she assumed the risk...she purposefully spooked your horse and consequently damaged your property. I'd sue.
         
        08-09-2009, 12:52 PM
      #50
    Trained
    Hmm. I'm curious to know what barn/where you are in Montana. When I was working at the clinic we were able to tranq pretty much ANYTHING if it came down to it. Not to mention since YOU were there and didn't go grab the horses reins or something, it's going to be hard to prove she stole your horse away and rode it. It takes a bit to tack up and get on and he's your horse..they're going to wonder why you didn't stop her.

    The girl that rode your horse must have signed the release for it to even worth mentioning -- Not just a broad "My horse has balls so he's mean" statement. I don't think you have a leg to stand on in court. I'm with the other guys saying get a vet out and some adults. I know plenty of great vets here in MT and I'd be more than happy to give you some recommendations. I'd be more worried about getting his wounds cleaned than suing (sueing?). This just doesn't make sense.
         

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