[PaintMyQuarters]

What are peoples thoughts on a horse getting hurt during a trial period?

I do not normally allow trial periods on any of my horses, however since this farm is just up the road and with someone I knew, I allowed only a 4 day trial. This is due to the fact that I had another person (now two people) interested in trying him if/when he comes off trial.
Nothing life threatening but currently swollen, unsound and of course sore (hopefully the joint does not become infected). The person that has him on trial has claimed to take responsibility for vet bills, however he now has an unknown amount of lay up time and an unknown fait when it comes to soundness.
I am optimistic/forgiving (maybe too forgiving at times) and do not blame anyone for this accident, however I do wish he was pastured alone as I believe it looks like a kick wound.
Also this person has not had the opportunity to try him out yet... has only seen videos and handled him on the ground as this happened within the first 12 hours he had been in her care.
What are your thoughts... responsible for horse purchase price and any vet bills? or just vet bills and lay up time/care?

 

[Rain Shadow]

What exactly happened and what is the extent of the horse's injuries. What are you looking at for vet bills? Is this going to effect your horse's sale value (scars)

If it was something that easily could have been prevented (someone left a gate open and the horse fell running down the road).

A bit more info would be helpful.

 

[PaintMyQuarters]

This is a puncture/cut wound on his hock. The lower joint and leg are inflammed and he has been given antibiotics and anti-inflammatory as well as stall rest/hand walking. As far as a potential fracture etc. we do not know, but will need X-rays if he stays unsound.
This injury most likely will leave a scar wound and happened during turn out with two other horses.

 

[waresbear]

If it is a clear injury (trauma, cut, etc), then all costs go to potential buyer. Some trial period contracts state if an injury occurs, the sale is done.
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[BugZapper89]

You break it you buy it. On the rare occasion I let another trainer take something for a client that is in the contract along with the mandatory insurance they must purchase. This keeps even the unforeseen problems from being an issue.

 

[EdmontonHorseGal]

what bothers me in this scenario is that the horse wasn't even on the person's property for a full day and already turned out with other horses when it wasn't yet legally that person's horse. the potential for injuries with horses together that don't know each other is too high in my mind to take the risk in this situation. would worry me both financially (if the trial horse is hurt i'm either footing the vet bills or buying a now injured horse that may have a long recovery time or no recovery at all depending on the injury), and also just the fact that i don't want to see any horse get injured when i can take the precautions to minimize that happening.

i know if i'm taking a horse on trial i'm treating it as a quarantine situation - you never know what a horse can bring in to your farm, or perhaps your horses may be carrying something without showing symptoms that could infect the trial horse.

hope your horse heals up well and this doesn't affect the sale! i would consult with the vet and find out what their thoughts on recovery time would be, bring the horse home, and have the person that trialed pay all the vet bills. Did the trial person pay a deposit? hang on to that until the bills are paid and the horse is fully recovered.

Accidents do happen, but this situation could have been avoided if they had kept the horse separate from their own.

 

[Siren]

The person wanting the trial must return the horse to the owner in the same or better condition as when the horse left the owner's care. The potential buyer should be responsible for all vet care and returning the horse to its former condition. If that cannot be achieved (ie the horse is permanently lame) the potential buyer must pay the full balance of the purchase price in compensation ...

Of course... This all depends on what kind of contract you have in place...
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[PaintMyQuarters]

Thank you all for your input. It is greatly appreciated to help me come to an overall general consesus on the situation.

He is currently still at that farm to continue his recovery. However, the discussion about purchase has yet to be had (aside from them telling me they plan on buying him)
I do personally feel that they are not only responsible for the vet bills, but also the cost of the horse- whether they end up liking him or not they need to take on ownership. So far so good when it comes to taking responsibilty for it. They say they love his personality and plan on treating everything as if he is their own because of the intent on purchasing him, however I have yet to see the $ and do not feel it would be right to make me wait until he is healed mainly due to losing out on two other potential sales.

A personal issue is that I have a hard time demanding something from someone especially when thus far things have been civil, friendly and everything is being done right by the horse.

 

[verona1016]

Unless they're willing to commit to buying him (in writing!) I'd take him back home and send them the vet bills. He's already been injured there, and continuing a trial period when the horse is injured doesn't make a whole lot of sense IMO. They've already had a chance to see his personality, so not sure what else is gained by having him stay there.

As for "you break it, you buy it" you can't really enforce that unless you had a contract to that effect.

 

[tmhmisty]

If they put him out with their 2 horses immediately after they got him I would be worried about how they are going to be treating him. It's great if they want to purchase him but what if they do a crappy job treating the injury and then want to return him? I would get something finalized whether it be them returning the horse so you can treat the wound properly or having them actually hand the money over for his purchase price.

 

[stevenson]

Did you have a written contract ? Was this the barn owners fault ? or the person wanting the trial ? I would bring my horse home. I would have them pay all the VET bills.
IF the horse is perm lame, and they pay you for the horse, the horse is theirs to do as they wish. Are you sure you want this horse to go someplace where it was injured in one day ? if it is perm lame what will happen next ? You need to discuss price with them and euthanasia or can anyone keep him as a pasture pet if he is perm lame? If he heals up do you still want him at this place or with these people ?

 

[jaydee]

Without a written agreement that covered things like avoiding turnout risks by keeping him on his own its going to be hard for you to get any sort of compensation and it sounds as if they're already paying for the costs of the vet treatment
If you feel there was and maybe still is some negligence going on then you should take him back ASAP if they aren't prepared to buy him immediately.

 

[franknbeans]

If there is no specific WRITTEN agreement-take the horse back. I just remember numerous times on this board people coming here trying to prove ownership…..and the first question is-"who is paying for the horse? Who is feeding it, paying the vet, etc." I personally think you are being far to trusting with people who have not earned it.

 

[Chasin Ponies]

Chances are that since they have the horse on their property and have been calling the vet in, the vet is billing them and they will pay it. (Unless you are now receiving bills!?)
I'd call and tell them that you are on your way to pick the horse up as he is not paid for and you have other interested parties. Also, you want to monitor his healing process. You can say this nicely but firmly and if they are serious about wanting him, they can come up with the money (in full) before you arrive with your trailer.
This may be what it takes for you to find out if they are being truthful about wanting him!