cptrayes
Well-Known Member
Thank you.
Facebook - Horse shot by livery owner
- Thread starter rockysmum
- Start date
JCW
Well-Known Member
Signed and shared on facebook. Thanks for setting this petition up.
brucea
Well-Known Member
Sorry CP - I was trying to make a point about the value reflecting investment, and worded it badly. I didn't mean to criticise.
cptrayes
Well-Known Member
Illusion100
Well-Known Member
Signed and shared on fb.
The wording/spelling/particular point of petitions are not what should be under scrutiny but rather the ability under Law to kill an animal that is not your own in a vindictive manner and suffer no consequence.
The wording/spelling/particular point of petitions are not what should be under scrutiny but rather the ability under Law to kill an animal that is not your own in a vindictive manner and suffer no consequence.
Judgemental
Well-Known Member
I don't recall seeing so many replies or views 112,000 + to a thread on this Forum.
It serves to make all Livery Yard owners clearly aware of their responsibilities and that the owner/lessee of the horse is the CUSTOMER and under all trading standards the number of Statutes that have been breached are astonishing.
In my opinion the owner/lessee of the horse may be successful in a Civil Action for mega damages.
I hear you say, "how much" depends on the stress, distress, humiliation and mental anguish that can be proved and evidenced but a Civil Court might want to make an example of the Livery Yard owner.
I dare say a whole posse of lawyers are lining up to do a 'no win no fee' piece of litigation.
It serves to make all Livery Yard owners clearly aware of their responsibilities and that the owner/lessee of the horse is the CUSTOMER and under all trading standards the number of Statutes that have been breached are astonishing.
In my opinion the owner/lessee of the horse may be successful in a Civil Action for mega damages.
I hear you say, "how much" depends on the stress, distress, humiliation and mental anguish that can be proved and evidenced but a Civil Court might want to make an example of the Livery Yard owner.
I dare say a whole posse of lawyers are lining up to do a 'no win no fee' piece of litigation.
Last edited:
Liz H
Well-Known Member
As much as I dislike the ambulance chasing sue them nation we appear to have become , in this instance I hope so!
Clara Mo 3
Active Member
Oh I truly hope so !
brucea
Well-Known Member
The words "customer" and "livery yard" in my experience are often mutually exclusive.
Dry Rot
Well-Known Member
Just found this with Google. The case, although in the USA, was also cited in the UK's Daily Mail as being a landmark case and is definitely relevant to this thread. Some interesting observations by the court and the experts.
http://www.dallasnews.com/news/stat...wners-cant-sue-for-pets-sentimental-value.ece
http://www.dallasnews.com/news/stat...wners-cant-sue-for-pets-sentimental-value.ece
MerrySherryRider
Well-Known Member
If the law regards animals (pets) as property and having little or no monetary value, I wonder if an owner could bring a case for Intentional Infliction of Emotional Distress.
fburton
Well-Known Member
I did suggest something like that earlier, MSR, but there weren't any takers.
Dry Rot
Well-Known Member
Yes, I like that one. For those interested in a further explanation, try here:
http://en.wikipedia.org/wiki/Intent...motional_distress#Intentional_or_reckless_act
catembi
Well-Known Member
I signed too. I laid awake for a bit last night thinking about this poor, poor horse & feeling so sorry for her. Such a shame that there is absolutely nothing that any of us can do to bring her back :-(( But maybe this whole thing will stop it happening to another horse.
T x
T x
MerrySherryRider
Well-Known Member
Ooops, sorry, missed that,fb.
fburton
Well-Known Member
Just as well you brought it up again, MSR.
candyflosspot
Active Member
i have signed, and also shared.
LinzyD
Well-Known Member
Is someone who uses services that they haven't paid for technically a customer though, or are they something other than a customer??? And if the provider of those services has voided the contract, whether verbally or in writing, by requesting the former customer to desist from using those services, does the 'customer' have any recourse to TS legislation....?
I suspect the YO is going to cite Health and Safety legislation, judging by what he has said to the press, and as we all know, that seems to trump absolutely everything.
I suspect the YO is going to cite Health and Safety legislation, judging by what he has said to the press, and as we all know, that seems to trump absolutely everything.
brucea
Well-Known Member
Is it known if the other liveries have left this centre or not yet?
Overread
Well-Known Member
I think its been mentioned that some other Liveries have left the site and that the RSPCA has left as well - or was planning too. Understandably there was some lag-time between the event and people moving out (since we assume the horses were relatively safe so long as they didn't have any debt owed).
I think some in the thread reported that as they went by the site there were distinctly less horses present.
Clara Mo 3
Active Member
That was me, there were fewer in the fields - but I think the RSPCA horses had gone by then. My understanding from another source is that only one or two liveries (rather than field dwelling horses) have left - I wouldn't want mine to remain there, debt or no debt ! There were lots of offers of help, and I could do with someone coming to where my pony is kept too but it seems like not many folk have taken up these offers.
Smurf's Gran
Well-Known Member
signed
Goldenstar
Well-Known Member
I have no doult that that owner of the horse will have no difficulty in getting a good high profile equine lawyer to help them .
cptrayes
Well-Known Member
I doubt they'll do it for free. We don't have punitive damages in this country, I don't think, and the value of the horse is pretty low. There just won't be enough money to justify no win no fee. That's why I did the petition.
Alec Swan
Well-Known Member
I'd need convincing of that. Your suggestion was that there was an apparent 'enhanced' value to be had from the supposed emotional value of the animal and that those who reach a decision as to value, could be persuaded.
I'm very fond of my car, in fact I love the bloody thing, but would any claim accept my point whilst I asked for yet more money, money I would add which would help me cope with the distress of a wrecked car or a 'murdered' horse?
Is there a value to be attached (fiscally that is), to the fact we've been deprived of an item, and its use? Consider this;
My horse is killed by another, and at a public auction, the animal would be considered to be worth £10k. The horse concerned is a valuable broodmare, I've never set eyes on it and it's in the care of others.
Add to the last sentence the fact that my £10k horse was the apple of my eye and I adored it and 'Not even £20k will pacify my distress and broken heart'.
Do you honestly expect, cpt, a Court to be able to attache an 'emotional' value to a horse, or anything else for that matter? Should the above and claimed £20k not be elevated to £200k or £2 Million, and that being dependent upon the tears that are shed?
Who would you have as an 'adjuster'?
Alec.
Illusion100
Well-Known Member
I'd need convincing of that. Your suggestion was that there was an apparent 'enhanced' value to be had from the supposed emotional value of the animal and that those who reach a decision as to value, could be persuaded.
I'm very fond of my car, in fact I love the bloody thing, but would any claim accept my point whilst I asked for yet more money, money I would add which would help me cope with the distress of a wrecked car or a 'murdered' horse?
Is there a value to be attached (fiscally that is), to the fact we've been deprived of an item, and its use? Consider this;
My horse is killed by another, and at a public auction, the animal would be considered to be worth £10k. The horse concerned is a valuable broodmare, I've never set eyes on it and it's in the care of others.
Add to the last sentence the fact that my £10k horse was the apple of my eye and I adored it and 'Not even £20k will pacify my distress and broken heart'.
Do you honestly expect, cpt, a Court to be able to attache an 'emotional' value to a horse, or anything else for that matter? Should the above and claimed £20k not be elevated to £200k or £2 Million, and that being dependent upon the tears that are shed?
Who would you have as an 'adjuster'?
Alec.
I think what cpt 'expects' is for people to be subjected to punishment when they kill other peoples animals in an unjustified manner.
This horse was on a property housing over 100 RSPCA horses. It was claimed this horse was neglected by being unrugged, nobody paying for upkeep, blah blah. Instead of using the RSPCA officer on site to take the horse under their care and lead it from one end of the property to another, they shot it and dumped its carcass in a garden.
The owner should be compensated the estimated current market value. The 'murderers' should be punished for this horrific act and if a Judge decided to award 'emotional' compensation to the owner/loaner/both, well that's up to the Judge isn't it?
Last edited:
cptrayes
Well-Known Member
Would you like to explain why you think this is so impossible when courts happily put a value on libel?
Honestly Alec, you'd think I was suggesting the impossible. All I'm asking for is for someone who criminally shoots a horse or steals your dog to be given a higher penalty, and pays higher compensation, than someone who steals your bike or breaks your window. It really isn't rocket science!
NeilM
Well-Known Member
This idea is really not so different from courts deciding levels of compensation for 'pain and suffering'. Someone with a broken finger will receive less than someone (like me) who had a leg broken and and is left with a permanent disability.
So, someone who has had a dog a week or two would receive a different level of compensation to someone who has invested five years work, into a working or show dog.
So, someone who has had a dog a week or two would receive a different level of compensation to someone who has invested five years work, into a working or show dog.
Froddy
Well-Known Member
If there was a "like" button on here this post would get a click from me.
Goldenstar
Well-Known Member
Some lawyers love a high profile case the owner just has to find one .
If that's the route the owner wants to take it's not going to expensive to prosecute the facts from the owners side are simple not a lot of work for someone who knows their way round this sort of law .
Of the course the owner may decide the horse is dead there's nothing can be done about that and they want to move on and forget the whole sorry affair I could understand that .