Advice Re: Horse Kick & Negligence

[Fuzzy]

My horse recently suffered a bad kick resulting in £2,500 vets bill so far and still ongoing. My intention had been to recover costs through my insurance. However, I have since discovered that the kicker has a reputation and done nearly identical severe damage to another field mate. Neither owner nor livery yard owner divulged this on putting my horse with the kicker, despite me asking what sort of tempermant the kicker had. After the injury, even when questionned, the livery yard owner denied verbally the kicker had an agressive reputation. Do I have any grounds for recovering costs from either parties due to their negligence in putting my horse at a higher risk of injury without me being aware? I'm also keen to prevent other owners putting their horses at risk with the kicker due to the parties flippent attitude. Any firm legal advice? Many Thanks x

 

[indie999]

I think hard to prove but if someone who has been kicked before and injured will do a statement for you? Ie evidence etc but hope someone will give you better advice.Do you have BHS membership as they have free legal advice or your insurance company should be able to advise you

 

[Hedwards]

I'm not sure how these sort of things work, however i'd second the advice about speaking to the BHS legal line or similar.

However, horses will be horses, my old mare was called a 'kicker' as she and another mare had fought in the field, when i went to uni and moved yards i was incredibly nervous of putting her with others, but she was fine, and every yard after (I moved twice more as came home from uni and then to a better yard) before she was pts. The mare she originally fought with, was very accepting of another mare introduced at a later date.

Best of luck and i hope your boy is feeling better!

 

[OWLIE185]

Your yard owner has a 'duty of care' to you and your horse.
Do you have a written and signed and dated contract with the yard?
I would suggest contacting a specialist equine solicitor (if you are a Gold BHS member then they have a legal help line available to you).