Injured horse on weeks trial period

[harveypops]

Hello all,

Needing advice. I took a horse on a weeks trial period on 22/05. I tried it out that morning and took it to a friends yard for that week. Within 4 hours of the horse being turned out it got stuck in a barbed wire fence due to being chased by another horse (no proof of this). The horse shredded its chest and leg and received stitches to the leg and has been bandaged and box rested since. The owner has been fine about this. He doesnt have insurance. I am paying the vet bills for the horse. She is going to need another few weeks of box rest and then we will go from there but it appears mainly superficial. My main question is if the horse suffers long term from this. For example if the horse is lame and needs further investigation down the line, who is responsible? Myself and the owner never spoke about anything like this. I am happy to pay the vet bills to get the horse right however if it needs long term rehab I do not want to pay for this. Am I being reasonable? Ideally I want to send the horse back now but I am doing the right thing to get her fixed first. This is an awful situation and I feel terrible, I wish I had kept her stabled on this trial however she has always lived out and was stressed in the stable when I first picked her up. Advice would be appreciated. Thank you

 

[shortstuff99]

Were any of the joints involved? If not then there shouldn't be any longterm complications, if she required a joint flush or similar then there could be but that is still unknown.

I would say once she is all healed up and all paid for that should be your obligation over, unless you want to keep the horse.

I would say for the future be very careful about the type of fencing you turn your horse out in, I've had a horse with a serious injury from very common fencing let alone barbed wire.

 

[ihatework]

No you aren’t being reasonable from an ethical point of view. You took a horse on trial and turned it out in a field with barbed wire???? Potentially ruining a horse. I’m afraid this is on you. But the owner is super daft to have let you have this horse on the first place without a watertight contract and full insurance.
Flabbergasted.

 

[ester]

What IHW said, gobsmacked quite honestly.

I'd be expecting to pay for any subsequent loss in value too. You are very lucky that the owner is fine about it, I can't imagine many would.

 

[Fred66]

You should have insured her, you had her on trial and it is your responsibility to return the horse in the same state that you received her and if this is not possible then you are obliged to purchase her.

 

[harveypops]

I had no idea there was barbed wire in the fields

 

[ester]

But you should have had an idea, you should have walked the boundary of any field you were putting someone else's horse into.

Do you have third party cover?

 

[twiggy2]

To be fair I think some of this is on the owner too.
They should have checked where they were sending the horse, fencing etc etc. They so should have made sure that insurance was set up for the trial period, ultimately the responsibility for the welfare of the horse is theirs and then let the horse go without getting things sorted.
I think you are being fair Op but would you have bought the horse if the accident had not happened?
ETA to add that op you should always walk the field boundaries so you know what is there thats crazy

 

[Shilasdair]

I agree with the consensus.
You took the horse on trial, didn't look after her properly, and now you have injured her want to wriggle out of your moral and legal obligations.
I hope no other horse is unlucky enough to have you as an owner.
Incidentally, I don't find it very acceptable to refer to a living, sentient being as 'it' when you know her gender.

 

[ester]

I imagine it's tricky to insure specifically for a trial period given that there is usually a 14 day weight for it to cut in?

 

[milliepops]

I imagine it's tricky to insure specifically for a trial period given that there is usually a 14 day weight for it to cut in?

All the more reason to be mindful of the factors you can control, like fencing ?

 

[Sossigpoker]

You are responsible. Who turns a horse out in a field with barbed wire? And who doesn't know what the fencing is like where they turn the horse out ??

 

[MuffettMischief]

Can’t quite believe you are expecting to send the horse back if there are any long term implications and even worse wanting to return her in this current condition! Unfortunately the horse was injured in your care so this is your responsibility. Turning a brand new horse that doesn’t even belong to you out into a field with new horses and barbed wire fencing is asking for trouble. The horse will possibly now have scars so will have lost some value and if you send back, you should really be prepared to pay the difference in that value. You are very lucky the owner is ok, I’d be furious as this was so avoidable

 

[LadyGascoyne]

The owner must be devastated. They might be being gracious and calm to you but could you imagine having a horse that you are trying to sell become injured because of the negligence of someone who was trialling it?

Do you no longer want the horse because she isn’t right for you or because she’s injured?

 

[Kahlua]

Oh dear, this is why I would never send a horse out on trial - ever. Very foolish on both sides to not have a contract or insurance. No matter the depth of injury you are morally responsible to it for the long term, even if you don’t “want” to be.

 

[Upthecreek]

Why oh why would anyone turn a horse out with another horse during a weeks trial? In a field fenced with barbed wire. With no insurance. And by the sounds of it no contract in place. Oh dear ??‍

 

[Tagoat]

Am stunned. Absolutely stunned! I can only assume that the seller is as incompetent & uncaring as the OP.

 

[windand rain]

I will never let a pony go on trial for this very reason. Ponies in particular are often thought candidates for trials so to match the kid with the right pony. You need to send the mare back in the same condition as it arrived or buy it if you cannot do so

 

[PurBee]

Barbed wire, new horse introductions can rarely end well.
You should have checked out friends place you took her to. Made sure she had her own turnout so no aggressive introductions were risked to a horse you dont own and have on trial.

Both you and owner were silly not to think of the massive ‘what if she gets injured in my care’ - and had an agreement, insurance.
So youre both responsible for not having that proviso covered, with more leaning in your direction due to having the horse in your hands and being 100% responsible for her care.

(Im assuming this was a verbal casual friendly trial agreement....is the owner a pal of yours or complete stranger?
Cant imagine a stranger would say yeah take my horse for a trial, and have no what if discussions...but possible i guess.
If owner is a friend then trust was bestowed upon you to maintain horses well-being, hence casual verbal trial agreement.)

Morally thats the score - legally...i dont know.

I know you feel terrible and we all think how stupid we were , after disaster strikes - but if you aim to do all you can to help and pay for complete recovery you’ll be doing the right thing. It wasnt planned, but its happened, thats the reality we cant shy from - and would be a really below the belt decision to give horse back to owner needing longterm treatment they have to deal with.
The mare probably will have scars and lose value due to this anyway.

 

[DizzyDoughnut]

I had no idea there was barbed wire in the fields

How? Did you not even look at the field that you put the horse in? Surely you'd be even more careful with someone else's horse than you would your own?

I borrowed a horse last week to keep mine company and before he arrived I walked the field to double check there was nothing in there that could cause an issue and this is in my own field that my own horse is already in! He's not mine and I would hate for something to happen to him while he's in my care.

 

[Goldenstar]

You put a horse you did not own in a field ,it was your job to make sure it was safe you can’t just say you did not know there was barbed wire it was your responsibility to know what was what .
To turn a horse you dont own out with another horse is frankly madness .
You may well be sued if any drop in value of the horse is caused by the injury .

 

[Flyermc]

Does the owner know that you no longer want to buy and want to return the horse ASAP? im wondering if they are 'OK' because they are assuming that you still want to buy her?

If she requires stitches, several weeks of box rest and bandages, she must be in abit of a mess and (im assuming) theirs a risk of infection. If she wasnt happy in the stable to start with and now she's stuck in, stress could also cause ulcers or/and stable vices.

There could be quite abit in loss of value of the horse, if the horse looses condition/fitness, while on box rest.

 

[Lipglosspukka]

Why don't you want her now?

From what I gather, you haven't actually trialled this horse to deem her unsuitable.

You broke it and now you don't want to buy it.

 

[Griffin]

If it was me, I would feel obliged to buy the horse because I have effectively damaged her prospects of being sold to someone else and I would feel totally responsible for her and her future. Also, I would have thought that if you had her on trial it would be because you thought she would be a reasonably good match to start with?

I think one way to look at this is that if you had bought her without the trial and this had happened within four hours of her getting off the lorry, you would not have been able to send her back and would have to deal with whatever has happened.

 

[Red-1]

If I were the owner, I would expect you to buy the horse at the original, agreed price, and take on all bills. This is because I believe you have been negligent in the treatment of the horse, i.e. by not introducing carefully to field companions, not having suitable fencing, not checking fencing prior to turning out in a field.

That said, I'm not sure I would allow the sale to go through, if I read this thread, but would take the horse back and re-claim damages from you. This is because I would feel that the horse needed a more experienced owner.

 

[Winters100]

Speaking personally in this situation I would feel obliged to buy the horse. If I did not want it then I would treat it and sell on when recovered. I am guessing that you are not very experienced around horses, but please learn the lesson that you never turn out without knowing what is in the field and the condition of the fences, and turning out with strange horses should be done with caution and after an introductory period in an adjacent paddock / box.

 

[ycbm]

. I am happy to pay the vet bills to get the horse right however if it needs long term rehab I do not want to pay for this. Am I being reasonable?

No you aren't being reasonable. If you don't buy the mare at the price agreed then you are expected to return "the merchandise" in the condition in which it was delivered to you. You are obliged, legally I think, but definitely morally, to pay all costs relating to this wholly avoidable accident no matter how far in the future over the next few years that they occur. Including loss of value if the horse is permanently scarred.

A moment's complacency and oversight has put you in a terrible pickle I'm afraid. I have a lot of sympathy for the situation you find yourself in, but I think you are morally obliged to buy the horse, get her right, and then sell her if she's not right for you.
.

 

[Goldenstar]

If a horse who I was trying for purchase at home got damaged I too would feel obligated to buy it at the agreed price .

 

[paddy555]

https://forums.horseandhound.co.uk/...-sold-a-horse-by-dealer.741277/#post-13439529

this poster has posted before albeit a while ago.

 

[Goldenstar]

Oh yes I see .