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 Miss Laundry Misshap
Posts: 5271
  
| dme0324 - 2013-11-20 9:44 AM 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.
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
I do feel bad he got hurt. The part that made me mad is the fact that his mom had the gall to come into an environment uninvited and allow her child to run amok. The signs everyone talks of were made for a reason. Horses have minds of their own and instincts to protect themselves. But because there are people who forget to use their brains, they end up hurt, causing pain, suffering, worry, and wind up causing someone to Literally PAY out of pocket for their stupidity!!!! Monetary damages are the least of the OPs worries here! She has to live with her feelings about this whole matter for something SHE didn't cause! Maybe the mom will learn to pay attention to the kid on top of the realizing he should listen and that's the big maybe of this whole issue! I'll say it again...I Sincerely Hope the OP comes out on top of this issue. It certainly wasn't her fault. |
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 Expert
Posts: 1218
Location: Great NW | I do not know the legalities in your state. but If I were you I would NOT admit any fault.
The child should not have been in the pasture with any animals with a dog on a leash or not. Prayers that everything is ok.
You can not be mad at the horse - any horse would have done the same - It was a terrible accident but your friend is ultimately responsible as she should be aware of the childs surroundings if he is not capbable of behaving. Friend or no friend - I hate to say it but in this day and age that child would not be allowed back on my property - that child is a liability.
I agree check with you homeowners insurance. check state laws before you say anything. |
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 Cute Little Imp
Posts: 2747
 
Location: N Texas | Nateracer - 2013-11-20 10:49 AM
dme0324 - 2013-11-20 9:44 AM 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.Â
I hope everything is OK for you, OP. Keep us updated.
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 etcÂ
I'm completely with you on this. It's sad a child had to pay for his mother's ignorance and lack of responsibility. This may sound harsh, but some people truly do have to learn the hard way. You can tell them over and over and over not to do something because xyz will happen, but it doesn't actually register with them until xyz DOES happen. The mother is at fault for letting her child wander off, knowing there are horses around, and ESPECIALLY because she already knew her child was chasing them.
I just hope the mother doesn't turn this around and brainwash her child into thinking it was all the horse's fault. I hope she uses it as a learning opportunity that there are rules you must follow, or suffer the consequences. |
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 I Am Always Right
Posts: 4264
Location: stray dump capital of the world | I'm so sorry this happened. Prayers that the little boy will be o.k. I agree with the other posters that the mom is responsible. You can never turn your back on your kid. The word "your" makes them "your" responsibility. Your situation was compounded by a dog who clearly shouldn't have been around horses. Your friend should have known better.
My husband and I have decided not to allow friends with small children out here. That really isn't a major issue since we are in our 50s, but I do have friends at work who want to bring their children out for a "pony" ride. I always tell them no and state that my horses are not "pony" horses. They assume that they are wild and untrained. I honestly don't care what they think as long as they don't bring them here.
Sending prayers for the child, the mother and to you. Hope the mom assumes responsibility as she should. |
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 Elite Veteran
Posts: 707
Location: The stix of Utah | It sounds like you have some great people with legal backgrounds already helping you figure out the laws in your state. I sincerely hope your laws are different than ours. I don't want to be a Debby-Downer but when I was small we had a big black lab that we kept in our completely fenced-in back yard. One night a neighbor boy, my same age, around 7, snuck out of his house and for some reason climbed our fence in our back yard. Our dog went in to guard dog mode and bit his face and did some significant damage. My parents were "at fault". Luckily our homeowners insurance paid all of his medical bills but it still blows my mind to this day that someone can climb in your yard and it is "your fault' if they are injured by an animal...
Prayers for this little boy that everything heals smoothly as expected. |
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  Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | Very glad to hear the little boy will be ok. And I think you going to the hospital and staying show great support.
If I were to offer any advice, hire a lawyer, even just to consult with, just in case. Better to talk to one and not need him, then to be blind sided with a law suit. |
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Miracle in the Making
Posts: 4013
| i would be terrified of lawsuit . if a mom can sue a grocery store for getting her ankle broken by her own kid anyone can get sued
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 Over Informed
Posts: 5372
Location: West Tennessee | Nateracer - 2013-11-20 10:49 AM dme0324 - 2013-11-20 9:44 AM 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.
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
Oh, I know. I was trying to say that I understood what you were saying & point out that I've seen you & Murphy post enough to know how kind hearted you both are, too. :) That's all I meant. Boy I'm 2 for 2 today, inserting foot -- LOL |
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My Heelers are Heroes
Posts: 4685
| 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. |
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 Elite Veteran
Posts: 816
| 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. |
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 Own It and Move On
Location: The edge of no where | 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. |
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Cute Little Imp
Posts: 2747
Location: N Texas | 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.
What she said. Don't offer to pay anything. If there's anything I've learned from watching Judge Mathis, is that if you offer to pay for something, it's because you feel responsible. While it's a kind gesture, if she does pursue legal action, the fact that you paid for any part of it shows you thought you were responsible for it.
It's a really tough situation  |
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| cinch - 2013-11-19 9:20 PM 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?
Unfortunately, you probably are responsible legally...morally, in my opinion no but just the way law works. |
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Veteran
Posts: 104
Location: The black prairie of Mississippi | As far as homeowners insurance goes, you may or may not have coverage. It depends on your state. Check with your agent to be sure, but if you have the option to file or not think long and hard. A homeowners claim stays with you for five years. I would try my best to deal with the mother directly and use your liability coverage on your homeowners as a last resort.
This is why I'm crazy and will NOT let other people ride, borrow, or get in the pasture with my horses. I was paranoid before but after working in insurance for five years I'm doubly so now. |
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Elite Veteran
Posts: 816
| Gunner11 - 2013-11-20 2:43 PM
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.
What she said. Don't offer to pay anything. If there's anything I've learned from watching Judge Mathis, is that if you offer to pay for something, it's because you feel responsible. While it's a kind gesture, if she does pursue legal action, the fact that you paid for any part of it shows you thought you were responsible for it.
It's a really tough situation
I didn't think about it being a gesture of admitting guilt. Better not than. It's just sad now days when an accident happens everyone has to be worried about lawsuits and such. Another contribution made to this world by idiots! |
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Nut Case Expert
Posts: 9305
Location: Tulsa, Ok | When/if the parent tries to file on her health insurance there is going to be questions about the circumstances of an "accident". You can bet the health insurance will be looking for a way to shift the loss to your homeowners policy. |
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 Reaching for the stars....
Posts: 12704
| 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.
In Virginia the equine liability laws are so horse owner friendly. It's difficult to understand why all states haven't moved this direction.
We all wish the best for anyone injured by a horse.
We also know that horses are inherently dangerous. All the time.
Maybe it's the thought that horses are 'pets' that confuses so many. They are not 'pets.' They are very large and strong domestic livestock who are reactive to their environment. Dogs and cats are for the most part physically controllable, horses are not.
Thank you Gail for your daughters time and attention on this. |
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 I Prefer to Live in Fantasy Land
Posts: 64864
Location: In the Hills of Texas | So sorry you are dealing with this. http://www.animallaw.info/statutes/stusutst78_27b_101.htm
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 The Vaccinator
Posts: 3810
Location: Slipping down the slope of old age. Boo hoo. | Relieved to read the little one is doing okay. They can dart around and get into trouble so quickly.... very scary. We do not invite small children to our barn or farm for this very reason. We also have our property well fenced. We make every effort to "protect" ourselves and outsiders..... Also, our horse pastures are back away from the road so the horses cannot be seen from the road so they "tempt" anyone. It's a shame you have to go to that extent.... but in this day and time.....
We have the equine liability signs posted on our property and in our barn even though we are not trainers nor provide any type of public lessons, boarding, etc. These signs are prominently posted in several locations on our property and in several locations in and outside our barn and state this is an equine facility, etc., and as such under our state's equine liability law is protected from liability via the state's equine liability law. I ordered my signs through my state's horse council. We also, of course, have liability insurance. |
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