Horse going lame after purchase
a friend who boarded her horse with me recently sold him back to his origional breeder.
after arriving at his new hom several hours away he had a rest for a week and then was ridden and became lame. As far as I can find out he has a swollen near fore knee. The buyers vet has said thats it's an old injury and that there is some material/tisue where it shouldn't be.
My friend had disclosed an episode of lameness that happened a year ago when he was trying to cover a new mare at the barn (he's a gelding but was in love) and hurt his back. At the time there was no apparant reason for his lamenss such as swelling heat etc and the vet examined him from the hoof up and found it to be his back.
At no time since she has owned him (three years) has he ever shown any lameness other than the back thiing or had a swollen knee.
While he was with the trainer he did fall while being ridden, but he was fine and he showed no swelling or pain or lameness after. he had a week off after he came home and then was trailered to his new owner.
she is claiming now that her vet has said that it is conclusively an old injury, but it truly isn't.
Our vet is most surprised by this assertion.
she is threatening to sue if my friend doesn't either buy hm back or at least contribute to his vet bills.
Any idea what the chances of her being able to sue are?
sorry its a bit long and involved. thankd for reading.
If this information is correct- Then your friend has nothing to fear to me It sounds like the suer doesn't have a case.
Example a person I know bought a horse without asking very many questions- When the horse got home the person found out he cribbed. the Person wanted to sue the seller but couldn't because it was the persons fault for not asking- (Loosely summerized)
Heck- Your horse could have stressed itself on the trailer ride over or put his leg into a gate and pulled!
Horses go lame! Its the cycle of Life! Sorry I'm no actual help!
Unless it is written in a contract about a 100% soundness guarantee, when you buy a horse, it is pretty much buyer beware.
Sounds like the buyer is trying to scare the seller into buying horse back or paying vet bills by telling she is going to sue. Won't work as long as there was not a soundness clause in the contract.
I'm curious if the buyer did a PPE or not. Horses hurt themselves, it is just a fact of life.
Thank you all for your replies. It is my feeling too that she doesn't have a case.
I feel very bad that the horse has gone lame, but know that the horse had no issue with either of his knees prior to this.
The buyer sent a vet to look at him before purchase which ym friends was very happy about, but she only asked the vets to give him his shots anf float his teath. she should (and would been most welcome to have had) a full vet inspection.
My friend sent of the vets report from his lameness (back issue) last year and the response was "well your vet is obviously wrong.
What is a PPE Joesmum, I am not familliar with the term? Thanks
Pre-purchase Exam = PPE
PPE is a Pre Purchase Exam, which it sounds like she elected to not have, despite having a vet there. Pardon the pun, but it sounds to me like she is a fool who doesn't have a leg to stand on legally. When you buy a horse, it is what it is. Period, and stuff happens, especially when trailering long distances. THere are also abnormalities in nearly every leg. One of the purposes of a PPE is to determine, via x-rays, what is there, what is not as well as what is a real issue and what are the "red herrings".....which I am guessing the "old tissue" just may be. It may have been there for years, without causing a problem. Who knows. Perhaps the trailering aggravated it.
I AM NOT A LEGAL PERSON, but if I were your friend, I would not be to worried. THis will be more of a nuisance than anything, IMO.
To my way of thinking the warranty goes off the horse the moment it is loaded into the trailer as one has no control over what happens after that.
It could even be an old injury from when your friend bought the horse. Who knows. Depending on the sale price and how it was represented she might take him back or contribute to the vet bill.
|All times are GMT -4. The time now is 10:06 PM.|
Powered by vBulletin® Version 3.8.8
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2016 DragonByte Technologies Ltd.
User Alert System provided by Advanced User Tagging (Pro) - vBulletin Mods & Addons Copyright © 2016 DragonByte Technologies Ltd.