|
|
  Fact Checker
Posts: 16572
   
Location: Displaced Iowegian | MS2011 - 2013-11-20 2:36 PM JRC - 2013-11-20 2:23 PM cinch - 2013-11-20 2:18 PM I called a lawyer recommended to me. For a consultation it's $150, for something I may not need. Secretary said do not call insurance or anyone else that could be construed as guilt or concern over guilt. I'm tempted to ask her in a joking manner but don't want to put it in her head. She still considers me a friend, called a bit ago to ask me to go somewhere Friday. I would leave it be, offer to pitch in on the hospital bill and just see how it plays out. I know if it were my kid I wouldn't expect you to pay anything and I wouldnt even consider a lawsuit. Accidents happen and it sounds like she knows that. This is just an unfortunate accident that could of been a lot worse and everyone should be thankful that it's not. One thing... I bet he'll think twice next time he runs around a horse and I bet his momma will be a little more strict about his behavior when he comes over. I would leave it alone.
Don't offer to help with medical bills, it's a kind gesture....but can be construed as admitting guilt.
I agree with this....but do this ONE thing....sit down and write out everything that you can remember about the accident. I would also take pictures of the area of where it happened since he was inside the fence.......you would be surprised how much you can forget if she decides to come back and sue you (or your insurance company) at a later date. In most states (I believe), she has two years to sue. |
|
| |
|
 Love Me Some Robert Redford
Posts: 2335
 
Location: WV | Glad the little guy is going to be ok. |
|
| |
|
 Expert
Posts: 1304
| I'm glad everything sounds ok for now and he is ok!! I really don't know what's wrong with people. This summer at our fair I was clipping someone's heifer and there was a little boy with NO shoes on who came out of nowhere multiple times to literally hang on the bars of the grooming shoot and pet the cow while I was clipping. I told him nicely to back away because it was dangerous not once, but many many times. She had never been clipped, she could've knocked his head off before I could've said anything!! But luckily she was a spoiled baby... Where were his parents??? Then I saw a few families who let their kids waltz right up to cattle across from where I was at and just pet them like there were a big dog and that dang Hereford went after them throwing its head. What in the world is wrong with people??? A LOT of parents/guardians don't take that even nice animals are ANIMALS and you certainly should not be acting that comfortable around animals, who mind you are 400-2000 lbs, that you don't know!!! I just don't get it....my mom would've spanked my ass or tore me a new one if I went up to an animal like that or without asking! |
|
| |
|
 Knowledge is Power
Posts: 4051
Location: wherever my daughter's running | I agree with CYA about the signs. We have our state law concerning posted very visabilly at our barn. As far as your home owners insurance I would caution you on that one. Years ago we had a hose get out and ran in front of a car. Thankfully the car was going slow. No one was injured and the horse only need a few stitches. It did do damage to the car. The highway patrol advised us to contact our home owners insurance. They did pay to repair the car. Then 6 months later they cancelled our policy as they deemed us high risk. This was the only claim we had ever made with them. We had a difficult time getting coverage after that. |
|
| |
|
Veteran
Posts: 204
Location: North Louisiana | Do people not realize fences are for your safety as well as the animals. Sorry I veiw her as a neglient mother. My son would get his behind beat over climbing through a fence and chasing an animal! |
|
| |
|
My Heelers are Heroes
Posts: 4685
| Gail - 2013-11-20 4:01 PM My daughter (Emma) reviewed this with her law professor.
This is the answer that was given:
"If your friend is in a state with a statute limiting liability for horse owners, AND she had a sign posted, she can't be liable, even if mom didn't see the sign".
Em also added to me that she is having her torts professor look at it Friday. Em's advisor just it was a really interesting question and enjoyed looking into it.
Emma is really busy with law school and doesn't post much but loves to help on the boards anyway she can.
Thank you so much and that is what I recalled when that law came out. Signs must be visable but you do not have to lead people to them and read it for them.
We took the child back to the doctor today. Doctor made the remark "Horses are mean". The boy spoke up and said "No they aren't. She didn't do it on purpose. It was my fault." He tells me he isn't scared and isn't mad at her. He knows what he did. So he's admitting to everyone that will listen to him (including total strangers) that he was at fault. Of course, over time I'm sure he will forget the details but they know what he did. |
|
| |
|
 More bootie than waist!
Posts: 18425
Location: Riding Crackhead. | I'm glad he's doing well. The Dr. needs to be  |
|
| |
|
My Heelers are Heroes
Posts: 4685
| CYA Ranch - 2013-11-22 7:40 PM I'm glad he's doing well. The Dr. needs to be
He's doing amazingly well. Is face is still swollen, mainly his mouth. Part of that could be because he runs his mouth non stop and his Mom said he's been pulling at the stitches. I was worried about that because he's a kid that will find a thread in the couch and within minutes have all the stuffing torn out. lol  |
|
| |
|
 Big Gun
Posts: 2216
Location: Texas | What do you think you would do in this situation if you were the mother of the little boy, who seemed to have no control over her son and doesnt know much about horses or how fast they can react? I sure hope y'all can can still be friends and she watches over her son more closely when or if they come over |
|
| |
|
My Heelers are Heroes
Posts: 4685
| 3rdtimesacharm - 2013-11-22 8:34 PM What do you think you would do in this situation if you were the mother of the little boy, who seemed to have no control over her son and doesnt know much about horses or how fast they can react? I sure hope y'all can can still be friends and she watches over her son more closely when or if they come over
She may be a better Mother than me. I think I would have beat him to death along time ago. He's the only kid I've ever heard of to be expelled from pre-school. She was told he could not come back to regular school so he has to go to something called ALE. It's for out of control kids. He is so bad that the teacher has literally walked across the street to the high school and gotten my son out of class to come over and try to calm him down.
I could write a book on the things he's done. He is on medication and I'm sure it helps some but must not help enough.
I do want to stay her friend. She's fun and we have great times. But I never invite them over because of him. However, when he weather clears up he has asked to come see the horse so that she knows he is not mad at her. I will let him do that so he feels better about it. |
|
| |
Folks on-line