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-   -   Boarding somebody elses horse at my place (http://www.horseforum.com/horse-law/boarding-somebody-elses-horse-my-place-141389/)

caljane 10-23-2012 07:00 PM

Boarding somebody elses horse at my place
 
I have 40 acres around my house to keep my horses in a pasture/shelter setting, also have a couple of big pens with shelters. I always winter a couple of foals at home to have something to do during the winter when it is in general too cold to ride. I usually buy them in fall and sell them in spring, which barely covers the feed bill, but I love to play with them :)
Now, somebody asked me if I would winter her foal at my place for a monthly boarding fee. This fee would only cover the feed bill (again) but would be a bit more cash then I usually get when I buy and sell my own foal, so this is kind of interesting to me (get paid for playing with somebody elses foal :-) ). However - since I am not a boarding business I do, of course, not carry any liability insurance. The foal is insured by the owner, as far as I understand, but what would happen if the foal gets injured and somebody decides it's my fault? Am I liable or is there a way to get around this (like a waiver)? The foal is a pretty expensive one (wild guess: around $10,000).

HollyBubbles 10-25-2012 04:58 AM

I guess your best bet would be to talk to an insurance broker, yours and the one the foal is insured under if you can.. And definately have a tight written contract.

I'm no help lol I'm only 17, but I'd love to hear other peoples answers, because everything is different in different countries and with different people.

-Like when we trialled my mums mare for 2 months, we had a contract that had specifics, eg (to put it in general) if DJ got hurt at our place we were liable to foot the bill, unless it was a previous injury recurring on her own accord, or because of a previously known medical condition etc.

caljane 10-25-2012 11:47 AM

Thanks for the reply - was worth a try :-) I don't plan to have an insurance agent out for a foal that winters on my place ... just wondering about experience. Even though I am afraid I know the outcome - Americans are so sue-happy, I probably would be the loser if something happens with the foal, even if the owner has it insured. A waiver of some sort may help, but there would still be a risk.
I find it a bit scary that you even had a contract when you had your moms mare .... I would have though family ties mean something? :shock:

HollyBubbles 10-25-2012 05:42 PM

Quote:

Originally Posted by caljane (Post 1732168)
I find it a bit scary that you even had a contract when you had your moms mare .... I would have though family ties mean something? :shock:

No no, DJ is my mums mare now, but at the time we were trialling her off the owner

rcshawk 10-25-2012 06:25 PM

A couple of things. Since you are boarding most companies would cancel you if they knew of the exposure.

You have two exposures that you should address. The first is liability and dependant on the company they can add that exposure. Again most companies run from any type of equine risk so tread carefully.

The second is what we call 'care, custody, and control.' This would cover the horse should it be harmed by your negligence. You first line of defense should always be a well written contract, but that isn't fool proof. The fact that they have insurance (mortality and medical) I presume makes it a bit more interesting. I have always thought that insurance company would pay the insured, but then come after you in a subrogation process if you were negligent. I do not know that this would happen, but my gut tells me it would. Good luck!


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