Im sure he should have insurance, is it the law?????????????

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mytrotters

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Hi all right

4 paddocks 2 stables in each paddock being rented to liveries shouldnt he have insurance? As elec fencing is included in price & was not working friends pony got into another field & was badly injured shouldnt the owner hve insurnce as hes blaming the livery of whos pony it was? I said i think he should have insurance as needs it for things like this but im not 100% sure???,

Thank you
 
A livery yard should have insurance yes, but not to pay out for an injured escapee horse. It's mainly to cover public liability/human injury/death etc.
 
If he merely rents it out supplies fencing and thats it then i am not sure he would be liable for this sort of thing i would call the people tenants rather than liveries personally

If it was his job to maintain the yard and fencing then maybe..

Surely the liveries who between them will be on site 2-4 times a day would be better placed to check the fencing is working?
 
What is in your contract either renting or leasing or liveries?

You HAVE to prove neglect ie it is stated in the contract that the owner of the premises maintains the premises and fencing and that he will do all the work within a reasonable specified time etc

So look at your contracts
 
Not compulsory but sensible to have.

If he has failed to maintain the fencing as is in the contract then he is liable for the damage to the pony - if fence had been on and working then no he would not be liable as he has fulfilled his obligation.
 
Why was the fence not working?

Did he know it was not working?

If not, was it reasonable that he should have known that it was not working?
 
I'm not sure that he has to have insurance, but that doesn't mean he can't be liable for not maintaining the fencing. Equally, owners should have public liability insurance for any damage caused by their horse unless they have a potentially unlimited amount of money to cover being sued.

If the livery knew that the electric wasn't on and didn't inform the YO, and still left her horse in the field, then, it could be argued that she accepts some of the responsibility for what happened. Ideally, she should have informed him and moved the horse to another field or stable until the fencing was secure.
 
mytrotters said:
Hi all right

4 paddocks 2 stables in each paddock being rented to liveries shouldnt he have insurance? As elec fencing is included in price & was not working friends pony got into another field & was badly injured shouldnt the owner hve insurnce as hes blaming the livery of whos pony it was? I said i think he should have insurance as needs it for things like this but im not 100% sure???,

Thank you
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Insurance is always sensible to have when inviting the public on to your property as unfortunately, there are a lot of people in this world who don't believe that sometimes, accidents do just happen!! That said, I'm fairly certain it's not a legal requirement apart from riding schools? Correct me if I'm wrong though! I run my own yard, and from experience, electric fencing on its own, is not always enough of a deterrent for some horse/ponies whether it's working or not! If the fence wasn't working and the people renting knew this and did nothing about it, then really, they are responsible as they chose to turn out in paddocks that they knew where potentially at risk of being escaped from! Sorry, that's probably not what you want to hear, but I test our fencing regularly, and if I find a break in the current, I do something about it immediately.
 
After speaking with her, the fence stopped workiing (2-3 days) she kept informing the owner & telling him about it, he is meant to maintain the fencing & make sure its working, pony got out & was injured by another horse (Someone elses horse), never got out before when fence was working & to now its still not working, she does not have a contract
 
Yes the fences should be working if that's what you pay for but then the injured horse is not something the land owner would claim on their insurance for. There is nothing to prove that the fences not working is the reason the pony got out and then injured. I know it is probably the case, but from a land owner and insurance point of view, there is no way they'd accept responsibily for that I'm afraid.
 
Why have non of the horse owners fixed the fencing? Maybe you think the land owner should be doing it, but it's your horses at risk and still you leave them? Fix the fencing before it happens again. It's everyone's responsibility. The horse that was injured should be insured for vets bills, they will pay out if need be.
 
No written contract means long term aggravation imo. With a written contract each party knows where they stand. Personally, with no written contract I would provide secure fencing in the event my horse escaped & caused damage off the premises to prevent potential claims against me.
 
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