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My Heelers are Heroes
Posts: 4685
   
| A friend came over this evening right as I was getting horses in to feed. She was not invited, just showed up. Which is fine but her son is very out of control. Normally I try to keep him away from my dogs and horses.
They also brought their little dog. We had already had to get onto him about running up behind horses and letting the dog on leash run up under them.
I get to my last paddock it's getting dark and there is some brush blocking our vision we are still afew steps away from the gate and realize he and dog are chasing my mare. Before we can do anything the dog gets under her back legs and she kicks up and hits the kid right in the face.
She has never kicked never. I don't think she even knew a person was behind her. She could see me so knew I was not behind her. All she knew is something had her around her leg.
I'm just sick about it. She took him to a hospital and I'm trying to find out which one. We don't have a local hospital or any emergency clinic.
Am I legally responsible?
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 Expert
Posts: 1304
| That's really difficult.. It's your horse but it's not your responsibility to watch and direct the child, which is not your's, around a 1200lb animal. Prayers to you all  |
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  Ms. Manners
Posts: 1820
Location: Oklahoma | I will not even try to answer if you are legally responsible, but you may want to contact your homeowner's policy to see if it covers it (usually does cover injuries by animals on the property). Good on you for calling around to check p on the little one. Take some deep breaths and I'm hoping for the best  |
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 Bye-Bye Jiggle
Posts: 1691
Location: Where ever there's sunshine! | First off...I'm terribly sorry this happened to you. I cant offer any legal help, but they came on to your property and went in to that mares pasture ( i asssume). You did everything in your power to keep them seperate. As a parent it is her responsibility to keep her child under control. WHich apparently is not her strong point. If the child is in a dangerous area and she allows him out of her sight then that is on her. Again I'm so very sorry and I hope the little boy is ok. I also hope this is a huge lesson for them. |
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 Expert
Posts: 1482
Location: on my horse | Ohhhh Noooooo! I have no legal advice but am sending lots of thoughts and prayers y'alls way for sure!
And a couple hugs |
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My Heelers are Heroes
Posts: 4685
| I am heartbroken over this. In all the years I've owned horses I've never had a horse kick someone, I've only been kicked a couple of times over the years. And it was not this horse that kicked me.
I know the kid is very out of control and because of that it's very seldom I invite them over. I did not invite them this time.
Chances are if he had not been dragging that dog around she would not have kicked. It got between her back legs.
Edited by cinch 2013-11-19 8:36 PM
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 Expert
Posts: 1898
| I am so sorry this happend! I can't imagine how you feel!
In California you are 100% responsible. I knew a "trainer" who was kicked in the face after unloading a horse in a pasture. He took off the halter and then smacked the horse on the butt. The horse kicked him right sqare in the face and he had to have a full reconstruction. He sued the owners of the horse and won. He claimed to the court the horse was "mean" and "dangerous". |
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 Toastest with the Mostest
Posts: 5712
Location: That part of Texas | Because each state has different laws and cases interpreting those laws, I'm not going to give a comment on this one concerning the legal aspects of the question. I do agree on consulting your homeowner's policy as that might point you in some direction. There's just too many facts and different laws that are state-specific for me to offer anything advice-wise on this right now. |
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 Veteran
Posts: 151
| It's so scary to have to think like that! When we were kids it would have been a lesson learned for acting wild. NEVER would you have to worry about liability!
My 5 month old puppy tore across the yard and barely knocked over a toddler yesterday (wagging and smiling), and then playfully nipped at his hand. He was screaming bloody murder. I was worried about liability too...when if it was my kid I would have told him to shake it off.
Did the mom give you any indication of blaming you?
Edited by Skeetersmom 2013-11-19 8:42 PM
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 Extreme Veteran
Posts: 302
Location: W. Pa. | That's where the word "Trainer" fits the situation loosely. Any one can call them selves a trainer. Seems to me that was his own fault
. As far as the child I would find out what is going on at hospital before you call the insurance company. Some Companies do not even want to insure your home or farm if you own horses or certain types of dogs. |
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 Expert
Posts: 2097
Location: Deep South | Prayers to the little boy that he is ok, and prayers to you that they do not even pursue legal action! |
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Veteran
Posts: 183
| Don't know what to say but an unsupervised child around livestock, when the livestock is properly penned up...and allowing the child and dog to run just doesn't seem like your fault or responsibility but the mom's. Call an attorney asap for advice. Sometimes a consultation is free. If you were babysitting or the animal wasn't tied or penned is another matter. Good luck and I'm so very sorry. |
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My Heelers are Heroes
Posts: 4685
| Two Boots - 2013-11-19 8:42 PM That's where the word "Trainer" fits the situation loosely. Any one can call them selves a trainer. Seems to me that was his own fault . As far as the child I would find out what is going on at hospital before you call the insurance company. Some Companies do not even want to insure your home or farm if you own horses or certain types of dogs.
I'm not a trainer. This is my horse on my property. |
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My Heelers are Heroes
Posts: 4685
| I'm on my way to the hospital. Take me about 2 hours. |
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Duct Tape Bikini Girl
Posts: 2554
| Whether your fence is "kid proof" might make a difference. I have 5 ft horse wire that is described as a wire a human can't climb. Therefore, my insurance covers it if a human gets in and gets hurt.
My thoughts are with you. I hope you get some good answers and news soon. |
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 More bootie than waist!
Posts: 18425
Location: Riding Crackhead. | This is one of my worst fears. I'm so sorry this happened to you and many prayers the boy will be ok. A few years ago I got a Equine Law sign that I hang in a very visible spot on the front of my horse barn. I don't know if it helps but it sure as heck can't hurt. |
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | One of my worst fears too, dont know what to tell you, just sending this little boy prayers that hes going to be ok. |
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 Too Skinny
Posts: 8009
Location: LA Lower Alabama | |
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 Texas Tenderheart
Posts: 6715
Location: Red Raiderland | Gosh what a horrible thing to happen to you and the little boy. I don't have any legal advice but I hope it doesn't turn into a legal thing for them. Unfortunately in today's society it seems we can't simply just have friends or neighbors over especially if they have kids. My neighbors came over a few times with their older daughter to ride and things were going just fine until they brought their younger daughter who sounds much like the little boy that got kicked at your place. Unfortunately because they could not keep their "wild child" under control I could not, in good faith, keep letting the older daughter come over to ride. I can't believe times have come to this because in my day and age no matter how bad the kick was, the incident you described would have been the parent and kid's fault.
Did your mare kick him unconscious or was he still conscious? What happened at your house could happen to any of us. So sorry. |
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 Living on the edge of common sense
Posts: 24138
Location: Carpenter, WY | CYA Ranch - 2013-11-19 7:08 PM This is one of my worst fears. I'm so sorry this happened to you and many prayers the boy will be ok. A few years ago I got a Equine Law sign that I hang in a very visible spot on the front of my horse barn. I don't know if it helps but it sure as heck can't hurt.
I don't know about the signs either, but have 4 of them hanging up around here.
take a deep breath and hopefully the mother will realize it's her responsibility to keep track of her kid and not yours. Hope he will be ok
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