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HippieCowgirl 01-30-2013 11:19 PM

Would Texas Equine Law apply here?
 
I don't want to post a whole lot, but I had a question about the Texas Equine Law. Recently a friend of mine, who is a hired horse trainer, was injured in a traning accident. He was wearing all the right safety gear, but still received a concussion. He didn't recover within the month, so his bosses fired him with no warning and sold the trailer he was living in. He was living onsite in the trailer for compensation for training. He is still dealing with post concussion syndrome and now without a job, house, and now medical bills to pay. There where no posted signs about the Texas equine law and he has not signed anything besides a paper for the trailer.

So the question now is there a case for the injury itself, or just the unlawful job termination?

Tazmanian Devil 02-01-2013 12:49 AM

Quote:

Originally Posted by HippieCowgirl (Post 1870902)
So the question now is there a case for the injury itself, or just the unlawful job termination?


I am guessing everything happened in Texas. If so, then all Texas laws, including equine, would be in effect. As to which may be applicable to this situation, only a lawyer could answer that.

More to the point, it doesn't matter which laws may apply. What matters is if you have a case. For practical purposes, you only have a case if you have a lawyer willing to take it on. :) In other words, you need to find a lawyer and explain the entire situation in detail. At that point he/she will tell you if you have a case, what it will cost and what outcomes are possible.

In many states, it is difficult to evict someone from their residence. Even in cases where a renter owes back rent there are specific procedures that must be followed. It often takes many months to remove a tenant from their living space.

At a quick guess, I would think that avenue (sold the trailer and evicted the person without notice) provides one good direction to take. Of course, it depends on Texas law among other things.

This advice is worth exactly what you paid for it. Just like any other advice you would get on the internet. :) With the vague description you provided here (and it would be BAD idea to post more details, especially if you plan to pursue legal action) even a real lawyer would be unable to answer your questions.

You need to sit down with a local lawyer who knows this area of the law. Many will provide a free consultation to tell you if you have an actionable claim.

Joe4d 02-01-2013 02:56 AM

there also make be a workman's compensation issue. I dont you have apersonal injury issue as there doesn't seem to be any negligence on he employers part. But sounds like it would be a basic hurt on job situation.
a lawyer may help if you can find one to take the case,

PaintHorseMares 02-01-2013 03:14 PM

Quote:

Originally Posted by Joe4d (Post 1872669)
there also make be a workman's compensation issue. I dont you have apersonal injury issue as there doesn't seem to be any negligence on he employers part. But sounds like it would be a basic hurt on job situation.
a lawyer may help if you can find one to take the case,

I ągree that you need to talk to a lawyer. There is a big difference in responsibility for workman's comp depending on if there was an employer-employee relationship or if he was basically an independent contractor.
Posted via Mobile Device

smrobs 02-01-2013 03:33 PM

Exactly, your friend needs to talk to a lawyer who can hear all the details and make a suggestion based on his/her knowledge of the law.

We can make all the suggestions we want, but at the end of the day, we're nothing more than a bunch of unknown folks on the internet who may or may not know anything about law.

Speed Racer 02-01-2013 03:35 PM

We're only hearing one side of the story, anyway. There's no guarantee it all went down the way the OP stated.

Have your friend speak to a lawyer versed in worker's compensation and employment law. This isn't so much an equine law question as an employment one.

dbarabians 02-06-2013 10:13 PM

Texas Law allows that there is an inherent risk involved when handling livestock.
As an employer of 5 people that work here with the horses and cattle i am pretty immune from a lawsuit if someone is hurt riding or training a horse.
However I may be liable for any medical bills and would not be able to just fire someone if that person is injured while "on the clock"
the employees here sign a paper stating that this farm does not pay into the workmans compensation program but we will pay salaries for those injured while on the job..
Get a lawyer. Shalom


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