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 Miss Laundry Misshap
Posts: 5271
  
| Murphy - 2013-11-20 7:35 AM Nateracer - 2013-11-20 8:29 AM I hope the kid is OK, but I also hope this taught him a lesson. Sorry, maybe that's terribly mean of me this morning, but I'm not in the mood to feel sorry for the little brat when he was probably told to stay away from the horses. I'm on this bus with you.
My Dad has a girlfriend, and her daughter's kids always want to come over to see my horses. They are brats and they don't listen. They are 2 and 8. I told my Dad NO, they cannot come over. Don't bring those kids near my horses. If something ever happened, I know they would point fingers at me.
I hope everything is OK for you, OP. Keep us updated.
Yes, I agree that I hope everything turns out in favor of the OP.  |
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 Veteran
Posts: 224
Location: Southern OK aka God's Country | Your homeowner's policy should cover any medical expenses. I would read through your policy very carefully, then contact your agent and advise them of what has happened and see if they can give you any information or clarify anything you may not be clear on, limits on payment and such. Their insurance can and may sue your insurance to cover the medical bills (this happened to us within our own family). As far as a full on civil suit, as people already pointed out, it depends on state law and more specifically, precedent set in other similar cases (Texas should have an abundance of horse liability law). Horses can be viewed as a strict liability, which means that no matter what, you are liable for having an animal with the propensity to be dangerous, whether they have shown prior aggressive behavior or not. Every case is different and has different facts, which makes the outcome difficult to predict, but it's more likely that the two insurance companies will haggle out the liability and you won't be personally responsible. |
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  Roan Wonder
 
Location: SW MO | |
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 More bootie than waist!
Posts: 18425
Location: Riding Crackhead. | BARRELHORSE USA - 2013-11-19 11:45 PM CYA Ranch - 2013-11-19 9:08 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. THESE SIGNS CAN BE THE BEST MONEY YOU EVER SPEND!!
My cousin is an attorney here in South Dakota. We get lots of cheap (free) legal advice. LOL He sent me waivers in case someone rode my horses at my place and also advised me to get the sign. I did it ASAP. |
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 Expert
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Location: Never in one place long | I don't think you were wrong in the least in this case. How sad that you have to be pulled in now because of something beyond your control..... I hope it works out. It's one of those things where in hind sight you may have told them to wait in the car but who the heck could have predicted that!?? I hate when those types of things happen..... actually had something simular happen this week...Even though it was not directly my fault I keep thinking what I could have done differently!! :( |
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Veteran
Posts: 224
Location: Southern OK aka God's Country | CYA Ranch - 2013-11-20 8:05 AM
BARRELHORSE USA - 2013-11-19 11:45 PM CYA Ranch - 2013-11-19 9:08 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. THESE SIGNS CAN BE THE BEST MONEY YOU EVER SPEND!!
I agree a sign is not a bad move, although each state is different regarding equine liability and what the signs actually cover (many of the equine liability laws and resulting signs were more specifically designed to protect public facilities from suit). Waivers are also necessary if you are giving lessons, boarding, etc. However, it's unrealistic to have every person sign a waiver for themselves and their children when they set foot on your place, especially when people just drop by as in this case. Waivers and signs also do nothing to prevent lawsuits. One of the major expenses of lawsuits comes from attorney's fees, and although the person bringing the suit may be essentially estopped in court with a carefully worded waiver, that doesn't cover your costs of getting there. For future issues, I would check into a horse specific liability coverage along with your homeowner's insurance, as it appears that some homeowner's policies don't cover horse related injuries. (This is also a good idea if you haul other people's horses back and forth to barrel races, or you haul with other people). |
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 Undercover Amish Mafia Member
Posts: 9991
Location: Kansas | Oh my goodness Cinch, I'm definitely praying for both you and that little boy.
Here in kansas, you would not be held liable, but I'm not sure how other states are. I think maybe seeking legal advise through an attorney would be the best way to go about this. While you want the best for that child, you don't want to be stuck with charges against you as well. Praying for you  |
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 Dr. Ruth
Posts: 9891
Location: Blissfully happy Giants fan!!! | Cinch-I don't know what kind of insurance you have but it would be good to know. I have farm bureau here in Texas. When we switched to them this last year we specifically went over the horses and how to deal with accidents involving the horses on the property. From what I was told, our policy has a yearly "hush money" account in it. It is only like $5k but she told me that if something were to ever happen on the property, to go to the ER with the person and immediately try to negotiate with the hospital. If you can get it to $5k or under, call Farm Bureau immediately and they will come over with a check. Of course the other party has to be agreeable but it is nice to know I have it.
otherwise, we have liability insurance set up that was done because I have horses.
I hope everything turns out ok and it wasn't too late of a night and the boy will be ok. |
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Elite Veteran
Posts: 718
Location: BOSSIER CITY, LA | Cinch you need to sit down and write a statement of the facts as you remember them today, that way if anything comes up you have that to fall back on. Also, if any other witness I would get a statement from them. It never hurts to be prepared.
I had a horse tied to a fence at a barrel race in Louisiana and someone walked up behind him and hit him on the rear to move him over and he kicked them, it did alot of damage to the lady but I did not get sued because of the sign at the arena.
I would also call your agent and give them a heads up. |
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 Extreme Veteran
Posts: 425
Location: GA | I'm in Georgia, so I have no idea what the conditions of your homeowners policy is there. It may cover it but it may not. Here in GA at Allstate, you're not allowed to have more than 6 livestock on your property.
BUT, they do new business inspections and don't question it after they have approved or not approved your home. They do have periodic inspections every now and then at renewal.
Anyway, I think your homeowners will end up covering it. Before anything is done, I'd probably talk with your friend about the situation to see where she stands with everything. You say you think she knows it was the boy's fault for running after the horse so maybe she won't even try to come to you for it.
Hope it all works out.. |
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More bootie than waist!
Posts: 18425
Location: Riding Crackhead. | SoonerLawyer - 2013-11-20 8:30 AM CYA Ranch - 2013-11-20 8:05 AM BARRELHORSE USA - 2013-11-19 11:45 PM CYA Ranch - 2013-11-19 9:08 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. THESE SIGNS CAN BE THE BEST MONEY YOU EVER SPEND!! I agree a sign is not a bad move, although each state is different regarding equine liability and what the signs actually cover (many of the equine liability laws and resulting signs were more specifically designed to protect public facilities from suit ). Waivers are also necessary if you are giving lessons, boarding, etc. However, it's unrealistic to have every person sign a waiver for themselves and their children when they set foot on your place, especially when people just drop by as in this case. Waivers and signs also do nothing to prevent lawsuits. One of the major expenses of lawsuits comes from attorney's fees, and although the person bringing the suit may be essentially estopped in court with a carefully worded waiver, that doesn't cover your costs of getting there. For future issues, I would check into a horse specific liability coverage along with your homeowner's insurance, as it appears that some homeowner's policies don't cover horse related injuries. (This is also a good idea if you haul other people's horses back and forth to barrel races, or you haul with other people ).
I totally agree Sooner. The waivers were handy when my daughter was giving riding lessons in the summer months a few years ago. I don't have people come out and ride my horses but I know if for some reason I felt the need I do have the waivers. As far as people coming out unexpected. This past early spring a guy that works for us showed up with his wife and 2 kids. The girl is sweet, the boy is an ass. They wanted to see a horse so I got Bugs in who's the sweetest guy I have. The ass kept walking around my horse and smacked him a couple times in the butt. Bugs flinched but didn't do anything to the kid. I told him and his parents that he was lucky it was Bugs he was doing that to because any one else I own probably would have kicked him hard enough he wouldn't have landed yet. The parents kind of giggled.. Some times you just can't fix stupid. I grabbed the kid by the arm - firmly got him away from my horse and turned him out to pasture. From now on that kid shows up and he stays away from my animals. |
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 BHW Resident Surgeon
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Location: Bastrop, Texas | cinch - 2013-11-20 12:08 AM I made it to the hospital. They are having to put him to sleep to put in sutures because he won't stay still enough. He has a cracked bone in his jaw but the bones are lined up and shouldn't be a problem. Mom seems to know it was his fault and brought up something I didn't think of. He was wearing some kind of novelty hat that looked like a lion and had fuzzy fringe that flopped around as he ran. Looks like we'll be here all night.
Why would the lion hat scare the horse?
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 Elite Veteran
Posts: 816
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 Over Informed
Posts: 5372
Location: West Tennessee | Murphy - 2013-11-20 7:35 AM Nateracer - 2013-11-20 8:29 AM I hope the kid is OK, but I also hope this taught him a lesson. Sorry, maybe that's terribly mean of me this morning, but I'm not in the mood to feel sorry for the little brat when he was probably told to stay away from the horses. I'm on this bus with you.
My Dad has a girlfriend, and her daughter's kids always want to come over to see my horses. They are brats and they don't listen. They are 2 and 8. I told my Dad NO, they cannot come over. Don't bring those kids near my horses. If something ever happened, I know they would point fingers at me.
I hope everything is OK for you, OP. Keep us updated.
Because even if they're brats, or doing something they shouldn't be doing -- BOTH of you ladies would feel horrible if a child got hurt even if it wasn't your/your horse's fault.
Cinch -- hugs to you, I can only imagine how you feel right now. Probably a whole bunch of conflicting emotions tearing you up. Angry, sad, guilty (even though you're not), fear etc etc
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My Heelers are Heroes
Posts: 4685
| They sewed him up and sent us home. He does have a cracked jaw but bones are lined up and they see no problem with it healing without surgery. I guess it's not a complete break. He just can't chew hard or chewy stuff for about 4 weeks.
Once he was cleaned up he didn't look that bad and should heal fine.
A doctor and 2 of the nurses had already talked about the horse not even knowing it was a person. It was dusky dark, he was running with a little dog and with that goofy hat you couldn't see his face. So a horse darn sure couldn't tell.
I spent the whole night up there and she never gave any indication she was mad or upset at me.
I have a sign in the hallway of my barn.I doubt she's ever stood there and read it. They aren't in my barn very often.
Funny I always figured one of the dogs would bite him. He runs at them and kicks dirt at them. |
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 Forever Young
Posts: 6768
Location: relocated to Texas | It would be interesting to see if the child or the parent learns from this. I hate it when people let their kids run amuck aroumd livestock. It happens at every barrel race. I have had kids with those razor skateboards zip behind my horse at a barrel race. Or big wheels? What kind of an idiot turns a kid loose at a barrel race on one of those things so that they can go ride their horse? Sadly, you see it all the time.
Sorry for the vent, but people like this child's mother are to blame, not you. You shouldn't have to worry about the law holding you accountable, but that is the world in which we live. So glad that this little boy is going to be OK. He is very lucky. |
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 Looking for Lady Jockey
Posts: 3747
Location: Rodeos or Baseball games | |
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