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-   -   What if my horse is PREGNANT (http://www.horseforum.com/horse-law/what-if-my-horse-pregnant-87412/)

wsloan03 05-24-2011 09:32 PM

What if my horse is PREGNANT
 
just curious... I found out that the last place i board my horse at, well theres been a few "accidents" as a few horses are or just had babies, the owner of this barn said a many times she wanted to breed my horse to her stallion, even before i found out there were accidents... i started noticing my horse being and looking different, even said wow she looks pregnant, then i find out later about the other place, if my horse is pregnant... what are my rights, to me thats neglience... my horse has never been bred, and I dont want her to be

JustDressageIt 05-24-2011 09:37 PM

It probably isn't worth persuing any legal action - that would likely cost you much more in attorney fees than the settlement might be worth.... plus it is your word against hers, and she might just claim ignorance.
Get your vet out to preg-check her, and abort if it isn't too late. No need to bring another unwanted foal into the world.

wsloan03 05-24-2011 09:44 PM

This person should at least pay medical cost if she is pregnant... honestly as mad as I would be I proably would pursue it money out of my pocket just to make a point. And it would be to far along to abort, could possibly be 9 months.. again i am not sure but a comment was made to me hope your horse wasnt one of the accidents ... this would be that studs i dunno 8th accident, I learn this info when i boarded there, which lasted about 3 months

JustDressageIt 05-24-2011 09:53 PM

In my personal opinion, it is your responsibility as a horse owner to thoroughly check out the property and be aware of any downfalls. I'm not by any means excusing poor horsekeeping on the stallion owner's part, but it is your responsibility, in my opinion, to know about your boarding situation. Did you ask if there were stallions on the property before you signed the contract? What kind of fencing were they kept in? If you aren't sure of either of these questions, then I (personally) think that you can't lay all the blame at the stallion owner's feet - as a boarding mare owner, you need to ask these questions, and know what adequate stallion fencing is. It's the sad truth that you have to look out for yourself... the best way to prevent an accident is being informed and going in with your eyes wide open.

wsloan03 05-24-2011 10:07 PM

I did ask those questions and the stud was either up in a stall at night, or two pastures away from the other horses, sturdy fences and when I was there which was almost daily that was the arrangement, this owner has had accident babies 3 times out of the last 3 years, these have not been accidents.... this is partly why i left this barn, i found this information out while being there.... you can ask all the questions you want but unfortunately people will tell you what they want you to know, i visited this barn several times over several months before I took my horse there, i seen the stud away from the other horses i seen him get put up i seen get put out.... he doesnt even get near the other horses.... i am very responsible horse owner, i am proably over protective of my horse, and my expectations are very high, that is why I left after 3 months...would have left earlier but did not get all that info until about 2 months into it....

JustDressageIt 05-24-2011 10:14 PM

Two pastures away doesn't mean much if the fencing isn't stallion-proof fencing, unfortunately. They can smell a mare from a darn good distance, and seem to grow springs when they want to.
I'm not calling you an irresponsible horse owner - I'm just saying that it's hard to lay blame entirely on the stallion owner when it's quite obvious (from this side of the story anyways) that the fencing was completely inadequate to keep a stallion. One or two accidents in years I can forgive. 3 accidents in as many years makes me think that the stallion(s) aren't kept in anywhere near adequate fencing. Unfortunately, that's something that you have to be aware of as a mare owner.

wsloan03 05-24-2011 10:43 PM

wow... lol...

myhorsesonador 05-24-2011 10:56 PM

Quote:

Originally Posted by JustDressageIt (Post 1045738)
Two pastures away doesn't mean much if the fencing isn't stallion-proof fencing, unfortunately. They can smell a mare from a darn good distance, and seem to grow springs when they want to.
I'm not calling you an irresponsible horse owner - I'm just saying that it's hard to lay blame entirely on the stallion owner when it's quite obvious (from this side of the story anyways) that the fencing was completely inadequate to keep a stallion. One or two accidents in years I can forgive. 3 accidents in as many years makes me think that the stallion(s) aren't kept in anywhere near adequate fencing. Unfortunately, that's something that you have to be aware of as a mare owner.

I think she is trying to say that the stud was bred to mares on purpose, whether they had permission or not.

JustDressageIt 05-24-2011 10:56 PM

How can that be proven?
This is the sort of thing that's going to be brought up in court should it get that far.

sarahver 05-25-2011 12:08 AM

Gosh, what an unfortunate situation! Far too hard to tell in type who is at fault, besides it doesn't really matter anyway. Your horse has already been moved and she is either pregnant, or she is not and all you are left with is damage control. What's most important right now is that you get your mare checked out by a vet and begin assessing your options if need be.

Legally, it wouldn't be worth your time and effort trying to sue to recover your vet bills because it will be virtually impossible to prove who was at fault, it is a case of 'he said, she said' at the end of the day as to whether fencing/boarding situation was appropriate and the other owner may even claim that you intentionally bred your mare. I am not suggesting you did by any means but how would you prove otherwise if they claimed that?

Also, I am not even sure if you can demand a paternity test for horses, would the owner of the stallion have to consent to a DNA test? More 'he said, she said' if you can't prove paternity, ugh what a nightmare.

I hope for your sake that your girl isn't pregnant.


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