Stuck in dangerous boarding facility!
 
 

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Stuck in dangerous boarding facility!

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  • Horse board, can I sue property owner for negligent care
  • What to do with extra hay

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    12-16-2011, 02:26 AM
  #1
Foal
Stuck in dangerous boarding facility!

I am currently under a boarding contract until the end of May but since I have been at this barn (since August) the quality and care has EXTREMELY declined. The owner's son now works with the horses and has absolutely no experience around horses, ex. Throws rocks at horses to make them move when taking out a round bale. The owner has moved all of his power tools into the barn aisles as "temporary storage" which makes it hard to move the horses at all. Also there are many amaged fences on the property. The owner bought an excess of hay during the drought which has been kept out in an open field with no cover. Another boarder and myself asked the owner to replace the hay the owner just put out because it was covered in mold, photo documentation, and he politely apologized and said for $50 extra this month he will replace it. Is it our fault as borders that he is not keeping the hay in a proper location to keep it quality?? He is completely negligent! We are already paying an extra hay surcharge besides this 50 he is proposing. The owner says these things are nonnegotiable because if we want extra hay we have to pay for it. Unsure of what to do because of the contract! Please help.
     
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    12-16-2011, 02:31 AM
  #2
Yearling
Find a way to leave immediatly!
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    12-16-2011, 02:47 AM
  #3
Foal
The other boarder and I are looking at every possible option for leaving but the contract seems relatively vague enough to be solid, and paying the remaining board through the month of May isnt financially an option. Could any of those things be ground for breach of contract as the horses are knowingly being fed moldy hay by a negligent property owner? My horse had a choke a few weeks ago and the vet said most likely from the crap found in the round bale, but as it was not able to be proven that it was from the roundbale the property owner fails to see any fault on his part. We feel as if he has backed us in to a corner.
     
    12-16-2011, 02:51 AM
  #4
Green Broke
You should sit down with the barn owner and the son with other boarders, xpress your high concern in needing things to change for the safety of your horses or you will leave. You can take them to small claims court, documantate everything you can, emails, texts, pictures. If it's not safe why should you let your horse stay?! Not worth it.
     
    12-16-2011, 03:12 AM
  #5
Foal
We plan on getting together to meet with him this week but all previous experiences with him have been all but pleasant. If he refuses to make any changes would my only option be to pay him the near 2000 in order to leave or would we have grounds to challenge the contract all togther and take him on for negligence?
     
    12-16-2011, 07:59 AM
  #6
Yearling
I believe you said you already have photo documentation, correct? Great! Move your horse asap. Do not forewarn the BO, just get a trailer out there, a few friends to help load your stuff, and leave.
The BO is not fulfilling his end of the contract. The chances of him going to court and winning an order forcing you to pay are slim, especially with a "vague" contract, as you called it. You can pay him for one more month, that will cover a 30 day notice, which is far more standard in a boarding contract.
     
    12-16-2011, 08:14 AM
  #7
Trained
Totally agree. I am NOT A LAWYER. I have no idea what country you may even be in.....so laws may differ, but at least here in the US-you have photo documentation, there are other boarders as witnesses, and frankly, as stated, it would seem the BO has already breeched whatever contract there may be by not providing a safe environment for the horses.

I would have had my horses out of there yesterday. Their safety is not worth it. Let the BO try and sue you if he wants. I would think chances are slim he will even try, and if you have the documentation, he shouldn't have a leg to stand. On.

Just FYI-if anyone ever threw a rock at my horses-I would most likely throw one at them!
     
    12-16-2011, 08:18 AM
  #8
Showing
Your safety is also at stake with the equipment being stored in the barn aisles, should a horse side step and either of you collide with this stuff. Go barn shopping first and get the next place secured. Then as mentioned, take all your extras home. Have a trailer in the ready but well away from the property. Saddle up as usual and go for a ride, load up and go. If the trailer comes to the property the BO may create a big stink so have it a mile or so away.
     
    12-16-2011, 11:16 AM
  #9
Yearling
Quote:
Originally Posted by BUEque    
The other boarder and I are looking at every possible option for leaving but the contract seems relatively vague enough to be solid, and paying the remaining board through the month of May isnt financially an option. Could any of those things be ground for breach of contract as the horses are knowingly being fed moldy hay by a negligent property owner? My horse had a choke a few weeks ago and the vet said most likely from the crap found in the round bale, but as it was not able to be proven that it was from the roundbale the property owner fails to see any fault on his part. We feel as if he has backed us in to a corner.
If the "vague" contract states that the horses will be properly fed then there is breach of contract on the barn owner's side of the agreement. Document everything, keep vet records of the choking incident, etc., take pictures, and then leave. Judging by what you have already said here, you have substantial evidence that this facility is not safe for horses and the owner is negligent in care for them.
     
    12-16-2011, 11:50 AM
  #10
mls
Trained
Quote:
Originally Posted by franknbeans    
Totally agree. I am NOT A LAWYER. I have no idea what country you may even be in.....so laws may differ, but at least here in the US-you have photo documentation, there are other boarders as witnesses, and frankly, as stated, it would seem the BO has already breeched whatever contract there may be by not providing a safe environment for the horses.

Just FYI-if anyone ever threw a rock at my horses-I would most likely throw one at them!
Depends on the what the contract states. It's already odd that it's a 9 month contract.

The throwing rocks thing is odd. Usually requires two hands on the controls of the skid loader or tractor. How is he able to throw rocks?
     

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contract, hay, help needed, negligence

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