|
|
boon
Posts: 3
| I have a friend who boards her gelding at a local boarding facility.
When not stalled, she puts the gelding in a secured pasture/turnout. The stable owner has a very aggressive stallion that she often puts in a turnout, and he has a history of breaking out of,his turnout and attacking other horses across the fence. Yesterday, the stallion broke out of his turnout, broke down the gate entering my friend's horse turnout, and injured her horse. Her gelding even has deep bite marks on his throat where the stallion grabbed him by the throat when he attacked him. Stable owner told her she is not liable for veterinary expenses, etc., that this "is just the nature of a stallion." Without hesitation, I told her to to bring her horse to my barn until she can find a place for him.
What if any legal recourse is possible against this negligent stable owner? |
|
| |
|
 Expert
Posts: 1718
  
Location: Southeast Louisiana | No legal advice, but I was blown away by their response... just the nature of a stallion?!?!?! That sounds like one person who should not own a stallion. If I had one that acted up like that, well I would never put up with that. He would lose those nuts like tomorrow! |
|
| |
|
 Off the Wall Wacky
Posts: 2981
Location: Louisiana | I'm sure there may be some way she can get some type of reimbursement for vet bills. Unless the paperwork has all that kinda stuff in it protecting the owner. I must say though, if there is a history of this happening, why didn't she moved her horse sooner? Sounds like it was just a matter of time... |
|
| |
|
 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | No advice from me, but that really bites that this barn owner thinks she should not have to pay for vet bills after her STUD did this, I would be really REALLY upset, and I'm sure your friend is, so sorry for her and her gelding.
Thank goodness she has a friend like you  |
|
| |
|
 Elite Veteran
Posts: 678
Location: Canada | You have to have care and control of your animals. Yes, the owner of the stallion should be responsible for the vet care but hate to say it so is the owner of the injured horse. Both are responsible for the horses well being and when the Owner of the horse knew that the Owner of the stable had a very aggressive stallion with the ability to break out/attack horses.
I'm not trying to be mean but the owner of the horse should have moved the horse a long time ago. This was an bad situation just waiting for a time to happen and it finally did.
I really hope the horse is going to be okay. The owner of the horse is lucky to have a great friend to take him in and hopefully she can find a much better, more reputable boarding facility when she's ready.
Prayers for the horse.
|
|
| |
|
Extreme Veteran
Posts: 512
| My mom just said today she saw on Judge Judy a similar case from North Carolina.
That stallion's owner was on probation and had a TON of fines and legal charges for not securing her stallion.
I don't have much else to say, but depending on your state you should at least be reimbursed for vet bills. |
|
| |
|
Common Sense and then some
Location: So. California | Does your friend have a signed boarding agreement? Any written rules from the boarding barn? I hope that gelding is no longer there. Then I would contact an attorney, pronto! Take pictures and have a complete vet exam. |
|
| |
|
| Do very good pictures of horse's injuries .. videos etc and of fencing on turnouts ..
Make notes on how long the attack occurred and other specifics .. OWNER COMMENTS ... AND IF YOU HAVE A BOARDING CONTRACT .. ETC ETC
VET BILLS AND DIAGNOSIS IN WRITING ...
MOVE YOUR HORSE .. IMMEDIATELY..
NOW GO TO SMALL CLAIMS COURT AND FILE FOR VET BILLS. LOSS OF USE OF HORSE AND PAIN AND SUFFERING, FUTURE SCARS DECREASING VALUE AND ANYTHING ELSE YOU CAN THINK OF AND HAVE VIDEOS AND PICTURES TO SHOW ON THE COURTS TV ....
SMALL CLAIMS COURTS HAVE NO LAWYERS AND COSTS ARE USUALLY UNDER $200 TO FILE AND IF YOU WIN THE DEFENDENT PAYS THE FILING COSTS PLUS COURT ORDER
IN court you have to ask for each item specifically to the court ........ INCLUDING PUTTING A 30-50 DAY PAY DATE FOR PAYING THE AMOUNT THE COURT ORDERED ... IF THEY DON'T .... IT BECOMES CONTEMPT OF COURT IF JUDGE DOES THIS ... |
|
| |
|
 Elite Veteran
Posts: 669
Location: Central Texas | RunNitroRun - 2015-10-15 9:13 PM
You have to have care and control of your animals. Yes, the owner of the stallion should be responsible for the vet care but hate to say it so is the owner of the injured horse. Both are responsible for the horses well being and when the Owner of the horse knew that the Owner of the stable had a very aggressive stallion with the ability to break out/attack horses.
I'm not trying to be mean but the owner of the horse should have moved the horse a long time ago. This was an bad situation just waiting for a time to happen and it finally did.
I really hope the horse is going to be okay. The owner of the horse is lucky to have a great friend to take him in and hopefully she can find a much better, more reputable boarding facility when she's ready.
Prayers for the horse.
I have to agree. I would have moved my horse a LONG time ago! So sorry this happened to the gelding and hope his injuries heal soon. I do think the owner of the stud should have offered to pay vet expenses. It would have been the right thing to do. |
|
| |
|
 Take a Picture
Posts: 12841
| The nature of stallions???? I was at my trainer's hose Wednesday and she had her stallion on a free walker with two geldings and two mares--one was mine. He was fine. You need to get the movie BUCK and give it to the stallion owner. Stallions should have manners just like any other horse. |
|
| |
|
 Veteran
Posts: 274
| I am not liable to give legal advise on a public forum...and am only barred in one state. However, the big question is...did your friend sign a contract with this boarding facility? In the contract does it state that no other boarder or the owner of the facility will be liable for any injury occurring while on the grounds?
The best thing for your friend to do is speak with a civil attorney in your county, at most your friend could probably bring a small claim against the owner of the facility/stallion. I can not say this will hold up, as if the she signed and contract waiving the owner of liability, and then again there are other loop factor here, did the owner have WARNING signs... ect... this is not a black and white case unfortunately, their is a lot of obscurity.
I will say that as I own two stallions of my own, I do take precautions when I haul or when I cover someone else mare rather live or ai....if the horse is on my property I take every means necessary to protect it, yet in my contracts I state I am not liable for anything dealth.injury.ilness that occurs, I have not had anything of this nature happen to me personally, knock on wood, however if it did, I would feel horrible, yet there is a legal binding contract between me and the owner. |
|
| |
|
boon
Posts: 3
| No contract of any kind she said. |
|
| |
|
 Extreme Veteran
Posts: 434
Location: Northwest Florida | As many have said, the first thing you need to look at is the boarding contract, for any mention of liability.
She absolutely should be held responsible for the vet bills, loss of use, and loss of value of the injured horse, if there is no contract protecting her from liability. Surely she is insured to operated a boarding facility and such liability is covered in boarding insurance plans.
What is even more important, is that she needs to no longer own this stallion! Or at minimum have to supply a more secure turn out for him. Especially since this is a recurring incident, knowledge of it needs to be made public in your local area to protect new horse owners and their horses.
I can't imagine trusting someone to care for my horse who obviously completely lacks compassion for the animals, and knowledge to keep her own untrained, ill manned stallion properly confined.
Glad to hear the gelding is safe now! |
|
| |
|
Extreme Veteran
Posts: 434
Location: Northwest Florida | cat22 - 2015-10-16 9:04 AM
No contract of any kind she said.
Sounds like a real professional business woman. Gather your bills and head to small claims court. |
|
| |
|
A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | Is it a big Vet bill? If not I would just move on and just let this be a learning lesson, not to board my horses with someone that has a stud thats a danger to another and thats not kept in a stall or pen built to keep a stud in. |
|
| |
|
 Elite Veteran
Posts: 1037
| Wow! Cant believed the owner dismissed it like that. As the owner of a boarding facility it makes me so mad to read all the horror stories on here about boarding. We treat everyones horses like our own. No wonder people are always so skeptical, sounds like most boarding places are horrible, and the owner in this case is COMPLETELY wrong. I would take her to small claims AT LEAST, especially since there is not a signed contract. Need to get it on record that she is running business like that and has a dangerous horse. |
|
| |
|
 Jr. Detective
Location: Beggs, OK | BigStarBound - 2015-10-16 9:19 AM cat22 - 2015-10-16 9:04 AM No contract of any kind she said. Sounds like a real professional business woman. Gather your bills and head to small claims court.
Exactly. Small claims is where you deal with people like this. Then there's public documentation of what has happened and you don't have to deal with trying to get money out of her yourself.
You can include vet care, bandaging supplies, travel expense, loss of use, and the cost of finding a new place to keep him. You may not get everything you're asking for, but it's better than letting her get away with it.
|
|
| |
|
 Bulls Eye
Posts: 6443
Location: Oklahoma | 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. |
|
| |
|
Elite Veteran
Posts: 669
Location: Central 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.
This. As someone who has been in small claims court regarding a horse issue (mine was the injured one). It's not worth it, you basically get nothing out of it for the trouble, time and energy you have to put into it. Just my thoughts based on experience. It's unfortunate that the stud's owner gets away with allowing this to happen. |
|
| |
|
 Shelter Dog Lover
Posts: 10277
| Yea, that can be "just the nature of a stallion" if you don't work with them and train them, which is why the proper steps are taken to secure them and keep them from hurting other horses because you are not doing your job. What a jerk and poor excuse of a horse owner much less a stallion.
Edited by rodeomom3 2015-10-16 1:14 PM
|
|
| |
Folks on-line