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 Born not Made
Posts: 2937
   
Location: North Dakota | cat22 - 2015-10-15 9:00 PM that this "is just the nature of a stallion."
Ha. This is hilarious.
I guess that's why I could use my cousin's stallion for queening and packing flags and stand in-between two mares the whole night without one peep from him.
Stallions are just vicious, I guess. 
So sounds like this BO doesn't have a contract (stupid) and is an idiot (doesn't know much about the behavior of stallions). While one could say it was partly your friend's fault for keeping her horse there in the first place, I would probably take her to court anyway on the principle. Someone who thinks that stupidly deserves to be taken to court.
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 A Barrel Of Monkeys
Posts: 12972
Location: Texas | TwistedK - 2015-10-16 9:49 AM Even if it goes to small claims, your friend may not get anything. You said the stallion had "known" behavior of this. Even if there is not a liability release in place, if the person chooses to keep a horse at a place with a "known" aggressive horse, it is usually at one's own risk.
Not really. It is up to the owner of the facility to use due diligence to keep her boarders' horses safe, especially if she KNEW or should've known that the stallion was dangerous. She operated business for which she collected $$.
I don't think the gelding's owner has any responsibility in this at all, because it is a reasonable expectation that a business owner will operate it safely
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 Expert
Posts: 1718
Location: Southeast Louisiana | Fun2Run - 2015-10-16 2:24 PM
TwistedK - 2015-10-16 9:49 AM Even if it goes to small claims, your friend may not get anything. You said the stallion had "known" behavior of this. Even if there is not a liability release in place, if the person chooses to keep a horse at a place with a "known" aggressive horse, it is usually at one's own risk.
Not really. It is up to the owner of the facility to use due diligence to keep her boarders' horses safe, especially if she KNEW or should've known that the stallion was dangerous. She operated business for which she collected $$.
I don't think the gelding's owner has any responsibility in this at all, because it is a reasonable expectation that a business owner will operate it safely
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I agree with this. Depends a lot on how the message got to the gelding's owner... was it a case of "that stud gets out all the time and they don't care" or just "that stud has gotten out before". If the latter, I would have probably assumed the owner knew their horse was a problem and had taken steps to correct it, improve the fence or whatever. Sounds like the gelding was in his own secure area. I would have thought my horse would be safe in a case like that. As far as having her losses covered, lots of gray-area there depending on some finer details of the situation. | |
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  Fact Checker
Posts: 16575
Location: Displaced Iowegian | Depending on the state laws where you live and the amount of monetary damages that she has incurred, I would file in small claims........."Generally", and in most states, when a stable accepts a horse belonging to another for care and keeping, the law (once again, "generally") imposes a duty on the stable owner to use "reasonable care". This means that the facility and it's employees must use the degree of care that a prudent stable would use in similar circumstances (for example: ensuring that the stallion does not injure, breed, or in any other way, harm a person or animal). Many states deem stallions as dangerous animals through their statutes and equine liability laws.
Edited by NJJ 2015-10-17 8:57 AM
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 Reaching for the stars....
Posts: 12708
| I own a stallion who has injured two other horses. Both other horses were mine. One lost half his neck. You can also walk up to me while I'm on him at a show with ANY horse and he will barely look. The behavior of any horse with a human and without can be 180 degrees. There is no 'training' you can do to a horse that will hold while they are loose. They are then true horses with thier own agendas, politics, and pecking orders.
My stallion had always been my babysitter. I could put any horse with him. Then he changed and ran two of my other horses thru the fence in less than 6 months, stepping on one of the other horses neck in the bruhaha. The horse most hurt had always pushed the stallion (hurt horse=cow horse, he pushes anything that will move) and the stallion got tired of it in one fell swoop.
I now have outside horses on my property and always do my ****edest to keep any issues due to aggressiveness to a minumum. I watch different groups together and make changes until I have 3 that work together. It's part of being responsible for the creatures in your care. And I've seen mares ravage other horses as bad or worse than my stallion ever did. They let their back feet enter the argument much faster than a stallion will. Stallions are mostly hideous faces and teeth, and running over threats.
As far as the legal side - it will depend on any signed agreements. On the responsibility side - it depends on the boarding facility owner mind set. That it was a stallion is not the case, but if it is a known aggressive horse, and whether it was properly contained. As long as it stayed on property, it's not a horse-at-large issue. I certainly take every precaution, but I make no guarantees that something bad won't happen to any person or animal on my property, that's what the equine liability laws were passed for in almost all states. I can't control a 1000+ pound animal if it sets its mind to mayhem. No one can.
Edited by lonely va barrelxr 2015-10-17 3:59 PM
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