Can I get the yard owner to pay for vet bills for her mistake?

[Reddwild]

Hello all,

looking for some help and advice. And legal information would be great.
So, I’ve had my miniature Shetland at my yard for 3 years. He is on DIY and I also looked after one of the yard owners shetlands and took on a full livery at the yard.
On 4th July I was injured while bringing in said full livery and wasn’t able to work. I also wasn’t able to drive and turned my Shetland with the yards owners out 24/7. Yard owner was on holiday for a month. 2 weeks ago, still while I was coming up once a day due to injuries still. The yard owner decided without my permission or my knowledge to move my Shetland onto a long area of grass overnight. Yard owner and others on yard know he is colic prone and cannot be on long grass or without muzzle overnight. Also my high anxiety and that he should not be moved without my knowledge of permission. I only found out due to seeing them in her daughters social media. I come up as soon as I found out and saw him colicing in the field. Emergency vet called and it’s cost me £216.39 bill. Question is, am I able to get her to pay for vet bill?
Thanks

 

[AShetlandBitMeOnce]

Disclaimer: I am not a lawyer

Likely yes, I think you would have a case. However, the cost of persuing it would be more expensive than the likely recompense, unless your fees are awarded to you. Small claims is cheap, but for horse related claims you are usually better having a horse specialist on your side, as most judges have no idea what colic is or why putting them on long grass matters - this of course, comes with a hefty cost.

I don't think you would have grounds for loss of earnings unless you are signed off by your doctor as unable to work.

 

[ycbm]

Bear in mind also that you will probably have to find another livery yard and that other livery yards in the area might not want to take on somebody who might sue them if they make a mistake.

You are right to be annoyed and upset, I'm just not sure it will be worth your while to pursue it.
.

 

[HashRouge]

You are right to be annoyed and upset, I'm just not sure it will be worth your while to pursue it.
.

This, pretty much.

If I was the YO, I would probably offer to pay, but that depends very much on the individual. If she doesn't offer, I'm not sure there is a cheap/ easy way you can get her to do so and I would probably let it be.

 

[PSD]

Bear in mind also that you will probably have to find another livery yard and that other livery yards in the area might not want to take on somebody who might sue them if they make a mistake.

You are right to be annoyed and upset, I'm just not sure it will be worth your while to pursue it.
.

Agree with this.

I’d also be moving as far away from said yard as possible.

 

[The Irish Draft 2022]

Unless you are prepared to move to a different yard because you will be told to leave if you try to sue.

 

[Poingsettia]

I would have raised the matter with YO at the time, when vet bill arrived, not 6 weeks on. Have you discussed it with them at all?

 

[Reddwild]

I would have raised the matter with YO at the time, when vet bill arrived, not 6 weeks on. Have you discussed it with them at all?

2 weeks on, only got vet bill the other day. I wanted to move yards ASAP to keep pony safe

 

[Reddwild]

Unless you are prepared to move to a different yard because you will be told to leave if you try to sue.

I have moved already

 

[Reddwild]

Bear in mind also that you will probably have to find another livery yard and that other livery yards in the area might not want to take on somebody who might sue them if they make a mistake.

You are right to be annoyed and upset, I'm just not sure it will be worth your while to pursue it.
.

I have moved yards already

 

[Reddwild]

forgot to add, I only got vet bill a few days ago and I told her I was moving the morning after.
I had already told her a month or so back I wanted to move due to them bringing him in without my permission. I have moved back to my old yard and he’s happy there. Thank you for advice.

 

[Reddwild]

I would have raised the matter with YO at the time, when vet bill arrived, not 6 weeks on. Have you discussed it with them at all?

It was my injury that happened on 4th July, ponies colic was on 10.08 and vet bill arrived 17.08

 

[AmyMay]

It was my injury that happened on 4th July, ponies colic was on 10.08 and vet bill arrived 17.08

Presumably they have insurance that covers them against claims of injury for their employees (you whilst doing the full livery horse), and for accidents or injury of an animal whilst in their care. So yes I’d say you have a good claim.

 

[Reddwild]

Presumably they have insurance that covers them against claims of injury for their employees (you whilst doing the full livery horse), and for accidents or injury of an animal whilst in their care. So yes I’d say you have a good claim.

I don’t think I was technically an employee. I was working for the cost of my livery. Is it a legal requirement for that situation?
He also wasn’t really in their care as he is DIY that’s why she shouldn’t have been moving him in the first place

 

[Poingsettia]

It was my injury that happened on 4th July, ponies colic was on 10.08 and vet bill arrived 17.08

Sorry, I misread it. ?

 

[AmyMay]

I don’t think I was technically an employee. I was working for the cost of my livery. Is it a legal requirement for that situation?
He also wasn’t really in their care as he is DIY that’s why she shouldn’t have been moving him in the first place

Even though your pony was DIY, the YO still has a duty of care.

 

[PinkvSantaboots]

I would try and claim the money back but it won't be easy.

A friend of mine has a pony that was badly kicked due to the yo putting up a temporary fence so they could drive machinery through the field, unfortunately the half the horses were in had no water trough and it was an extremely hot day, I think the horses became agitated and my friends pony got hurt.

Yo agreed to pay her vet bill it was done amicably thing is it could have been a lot worse, the whole herd could have ended up dehydrated and needing veterinary treatment.

Some people just don't think before they do things.

 

[ihatework]

Worth getting a legal perspective on it (BHS gold helpline), my gut feel is you could claim. But I’d be prepared to be asked to leave if you do claim

 

[Reddwild]

Worth getting a legal perspective on it (BHS gold helpline), my gut feel is you could claim. But I’d be prepared to be asked to leave if you do claim

I have left already so that side not an issue luckily

 

[Reddwild]

Worth getting a legal perspective on it (BHS gold helpline), my gut feel is you could claim. But I’d be prepared to be asked to leave if you do claim

I have left already so that side not an issue luckily

 

[Tash88]

To be honest if you have moved then I would just draw a line under it, as you have done what is important for the pony. Things like this get around as gossip, you never know your old YO could be friends with your new YO and so sueing her could cause further issues.

In the grand scheme of things £216 isn't a huge vet bill and the main thing is your pony is okay. I have had to pay far more out for an incident that could have been caused by a past YO (freak accident with a haynet), but it wasn't worth burning bridges to claim anything. In any case, if you were to go through insurance then your excess would probably be £150-200.

 

[Reddwild]

To be honest if you have moved then I would just draw a line under it, as you have done what is important for the pony. Things like this get around as gossip, you never know your old YO could be friends with your new YO and so sueing her could cause further issues.

In the grand scheme of things £216 isn't a huge vet bill and the main thing is your pony is okay. I have had to pay far more out for an incident that could have been caused by a past YO (freak accident with a haynet), but it wasn't worth burning bridges to claim anything. In any case, if you were to go through insurance then your excess would probably be £150-200.

New yard owner knows and definitely wouldn’t be going around as gossip. Old yard owner isn’t that type as it’s a very private yard.
the money is actually a fair amount for me so I would really need it instead of trying to borrow the money as colic isn’t covered in his insurance.
Also trying to get my deposit back on yard so it’s around total £370

 

[Lovely jubbly]

Just be careful with this one from past experience not with myself but I livery we did have…took owner to small claims got no where thrown out…she had to move her horse miles away from the area as no yard would take her on…she was black listed as a trouble causer…sometimes in the livery situation shit happens

 

[TPO]

BHS Gold membership is £7pm. This gives you access to their legal helpline. Best bet is to join, if you're not already a member, and call them for advice.

Have you spoken to the ex YO at all? Could a resolution perhaps be met talking it over with them?

 

[Reddwild]

Just be careful with this one from past experience not with myself but I livery we did have…took owner to small claims got no where thrown out…she had to move her horse miles away from the area as no yard would take her on…she was black listed as a trouble causer…sometimes in the livery situation shit happens

Luckily already moved to my own yard with friends so don’t have to worry about that side of things

 

[Reddwild]

BHS Gold membership is £7pm. This gives you access to their legal helpline. Best bet is to join, if you're not already a member, and call them for advice.

Have you spoken to the ex YO at all? Could a resolution perhaps be met talking it over with them?

I’m not a member I’ll have a look into it.
I am on conversation with her already trying to get my deposit back first

 

[MiJodsR2BlinkinTite]

In your livery contract (PLEASE tell me there WAS one in existence) was there anything in writing to say that your shetland was not to be turned out on this grass? And/or was prone to colic if turned out on rich grass? Because if not and it was only word of mouth, then I hate to say it but I don't think you've got a leg to stand on tbh.

Sorry can't offer any more optimism.