Is a livery yard owner liable for the injury of two horses?

D

Doushka1

Member
Joined
16 May 2008
Messages
16
Visit site
I'm not normally interested in taking legal action against people however I am keen to find out where I stand. Since being on my current yard my horses have had some quite serious accidents. In the first instance one of my horses caught her leg in a piece of old barbed wire left lying around it was a serious injury which went right down to the tendon luck was on my side and the mare made a full recovery but it left me with around £1000 in vets bills to pay. More recently I was abroad working I had left my horses in the care of the livery owner one of my foals had a serious accident which left her with a fractured skull she almost lost her eye and again is lucky to be alive this left me with another substantial vets bill. At the time the yard owner admitted all the mares and foals were galloping around the field but left them to it until she apparently heard a loud crash into the gate and went to see what had happened. Does anyone know if I can claim against the yard owner for the cost of the vets bills?

There have been two other instances that have resulted in vets bills not quite as serious and I won't go into them otherwise I'll be here all night.

I have run livery yards myself and have had to take out care custody and control insurance and have also had owners sign disclaimers. I have not signed anything at the current yard.

Obviously I will seek legal advice but thought I would see if anyone had any ideas.

I believe before I moved to the yard a previous owner had a horse injured in the yard owners care and there was a lot of trouble surrounding this. Obviously I will be relocationg the horses to a new yard as soon as I find one suitable.
 
I'm not sure about where you stand as what you have described does not actually sound like negligence on the part of the YO to me. Are you on Full livery?

The barbed wire may be but IMO it is your responsibility to see that the horse is in a safe environment. As for the horses galloping about - if I rushed off to check/bring mine in every time the foals ran about then I would never have a minutes peace!

I'm sorry your horses have been injured - & I hope someone can advise you - but I think that it will be very hard to prove who is at fault.
Good luck
 
when you looked at the yard did it have the barbed wire if so you chose to put yoru horse there ??

AS for the foal if you wernt there your not going to find out waht happened - i had one tongiht tied up on yard broke loose cantered off and slipped and fell over absolutely nothing i could do about it !!
 
As a horse owner I am sure you will appreciate that you cannot be there to watch your horse 24 hours a day, 365 days a year.

The same is said for the YO. They provide a service in offering stabling/grazing which you rent but they cannot be expected to watch over your horse (or theirs) continually day in day out. It's just not possible.

As someone else said, all horses run around, and if you think a YO has a duty to fetch a horse in or stop it from doing what horses do in the field, then I'm afraid I think you'll find it difficult to find livery to suit your requirements.

When you were a YO yourself, did your liveries expect that sort of service from you? Were you constantly bringing horses in from the field if they did more than trot?

Accidents happen all the time, from car accidents to animals injuring themselves. It's part of life.

If you feel the yard you are at isn't offering a safe sanctuary for your horses, then vote with your feet. As far as I see it, if you are aware there is barbed wire being used at your yard, then you accept the risk of injury from when your horse is put in the field.

 
I presume your horses are not insured for vets fees? if they are then you would have simply claimed the money off your insurance company. The Yard Owner is only liable if they are proved to be negligent - however you have a responsibility to ensure the facilities are suitable for your horses. If you put your horse in the field with old barbed wire and you knew about it and did nothing, then you are negligent. As to the horses running around that is not her negligence - I personally would not enter a field of mares and foals that were charging around, or any horse really for that matter. I would wait for them to settle as I would feel that my presence in the field would cause more chaos so I like your YO would wait till they had settled and then see what had happened.

Horses will charge around and be stupid,, they require no intervention from us to behave in a mad fashion and injure themselves. I would simply be thankful I had my horses insured and claim of my own insurance.
 
It would all depend on how thoroughly you checked out the premises before putting your horses there am afraid
frown.gif
(not saying you didnt
smile.gif
as am sure you did,but basically when you move a horse to a yard you accept evrything about it,unless of cause it is serious negligence...this you would have to prove!
As regards the horses and foals charging round...beyond yard managers control...horses are horses and that is what they do
frown.gif
,she cant possibly run out and deal with it everytime they decide to have a free for all!
My lad walloped his head on fencing at yard am at...fractured his skull,ended up with sinusitus etc etc....was my stupid horse that walloped his head....not Yards fault at all...fortunately,i had insurance and it has paid
smile.gif

Not saying you wont get anywhere but it will be a long drawn out fight for you to very possibly lose
frown.gif
 
A yard has a duty of care to your horse.

Any legitimately run yard would also have a contract with each of their liveries.

If you can demonstrate that the yard was negligent then you may have a claim for compensation.

However you will need an Equine solicitor and the costs will probably outweigh the compensation that you receive.
 
TBH, I don't think you are able to claim against the YO. If you do decide to pursue this anyway, be prepared for the high cost in doing so. Also, bear in mind that if/when you do lose, you may find that you'll have to pay the YOs legal costs too.

Re the barbed wire in the field - you should really be checking the field. If it was there beforehand and you did nothing about it, who's fault is it?!

I'm sorry but horses will be horses and they do injure themselves. I'm sorry your horses have been injured and the vets fees have been high, but I don't think you'll be able to recover these monies from the YO.
 
Yes the yard was checked before moving there and after the accident the yard owner quickly called someone in to put up new fencing in the fields. I'd never expect somone to go in a field of horse galloping around but having said that if any horses I have just turned out go balistic as in this case I stay and keep an eye to make sure no injuries occur and in this instance if she had stayed and kept any eye my vet feels the accident could have been avoided. Anyway I will get some advice this week I'm well aware accidents and horses happen all the time but in these instances quite a few people around me feel there maybe more to it.
 
Thanks for all the feed back it' always good to see if anyone has any useful ideas also foal wasn't insured as it was a day under 30 days old.
 
I would say, from what you have said, the owner is not negligent. If the field was not fenced with barbed wire, it could have come from anywhere (buried in the ground and then churned up by a horse, someone tossing it over the fence with mal intent, someone dropping it from a pocket. The use of barbed wire is pretty common with horses, whilst not my choice of fencing, it can have it's place to stop horses leaning on wooden fencing where electric is not viable (due to size). I wouldn't have a horse in a field with just wire, although barb is far less dangerous than straight wire which I have seen used on it's own. Thus, even if it was fenced with barb, I wouldn't say that was a negligent act.

Re the foal, you cannot do much with horses careering around, that is what horses do. To try and stop them is to risk injury. Quite how your vet thinks her presence would have prevented an accident I am not sure, I have watched horses trot across fields and injure themselves, let alone gallop. On the other hand, you presumably had agreed to the turn out, personally I never turned out a foal with the herd under 30 days, one point for sure being they are not insured, but I also think they need to be a bit bigger, a little less dependent on mum, so we would graze in adjoining fields until older. Whilst I would take that precaution, I would not deduce that the injury was foreseeable, therefore the yard owner cannot be negligent.
 
Sorry Doushka, your vet's a prat!
Just how did she expect the yard owner to stop several horses flying about , wave a bucket at them?
Sometimes they just have days when they whizz about having fun, their blood gets up and nothing and no-one can stop them, in fact your YO would be risking herself if she attempted to.
I am really sorry your horses got injured but with horses, that happens sometimes I'm afraid, other horses kick and bite, they skid into fences, they poke their eyes on tree branches etc, I'm afraid you need to accept injuries are part and parcel of owning them. Not something any of us enjoy when it happens, but life.
 
I think I'm inclined to agree with some of your sentiments HH.

I have stood and watched my horses when a walker or jogger has come along footpaths and freaked them out. Nothing I could do to stop them tearing about and I certainly wouldn't have stood in front of them in the vain hope they thought "Oooo mum's here....better behave". I was more inclined to jump out of the way when they hurtled towards me as I value my life above theirs, even though I obviously wouldn't want them to be injured. Like most horse owners, I hold my breath and pray they soon settle and no one gets hurt (especially me!)

Don't know about you HH, but I think the OP needs to consider her future livery arrangements too. I don't have liveries at the moment, but I'm damn sure I'd not have anyone board here who'd brought a case against their old YO, suing them for injuries their horses may have sustained from a hoolie in the field. Would you?

I just wouldn't want the risk of being blamed for the unforseen "horses will be horses" mischief inducing cuts, scrapes or worse. Word gets about, liveries like to gossip (so I'm told).

The OP could stand to lose much more, not just financially, if she decides to pursue this.
 
Yes the YO is liable, the YO is liable for everything, even if they weren't involved in some of the stupid things that liveries do.

We had a livery whose horse had sweetitch, it rubbed itself raw, the insurance company made us pay the vet bill. The next week we closed the yard.
 
[ QUOTE ]
Yes the YO is liable, the YO is liable for everything, even if they weren't involved in some of the stupid things that liveries do.

We had a livery whose horse had sweetitch, it rubbed itself raw, the insurance company made us pay the vet bill. The next week we closed the yard.

[/ QUOTE ]

......and this is what will happen to all livery yards if people look to lay blame for everything and anything elsewhere.

I do hope people have big back gardens to put their horses on when the country's livery yards are all closed.
grin.gif
tongue.gif
 
[ QUOTE ]
Yes the YO is liable, the YO is liable for everything, even if they weren't involved in some of the stupid things that liveries do.

We had a livery whose horse had sweetitch, it rubbed itself raw, the insurance company made us pay the vet bill. The next week we closed the yard.

[/ QUOTE ]

shocked.gif


But how can that be your fault? Surely the owner should have treated the sweetitch?
 
Doesn't sound like a yard that's run well.

Why were the mares and foals just left to run around - does she know what set them off?
 
HAving lived along side my horses field they run around for the hell of it - sometimes inthe early hours of the morning and always at dusk.

I love watching them play and race around. No-one can actually stop a field of horses enjoying life no matter what set them off - it could be a rabbit hopping off, or a cat chasing a mouse, a jogger or a car backfire - all these are totally out of the yard owners control. It's just bad luck that your foal got hurt.

I put my yearling in a new field, stayed with the horses to watch over her for an hour - they cornered her in the far corner and one kicked her - it penetrated her hock joint and eventually she was PTS. I was there but I'm not super woman and no way could I have prevented the injury. It's the only field injury I've had to deal with in over 40 years of owning horses.

If the owner has been negligent and not bothered to pick up old wire then she may be responsible for your bill - but you will have to prove it. Taking her to court will probably cost you far more than the vet bill - you no doubt will have to find a new yard to keep your horses. Pay the vet bill - put it down to experience and check paddocks yourself before your horses are turned out.
 
Oh yes, Tnavas, how right you are. There's nothing nicer than seeing horses having a little jolley and enjoying life.

Ours don't run around too much - generally they're a very settled bunch. And actually the broodmares never do, unless upset by something.

Certainly having a field full of mares and foals careering around is alarming for a number of reasons. And on my yard we've found that removing the dominant mare always calms things down.
 
If a horse is injuried on a livery yard then yes, you can claim from the YO, who should have full insurance for this kind of incident. My YO does, and in the incidents you have listed above I am 100% sure she would have been happy to claim for the vet's fees on your behalf, that is why she pays through the nose for such a policy!
 
[ QUOTE ]
Yes the YO is liable, the YO is liable for everything, even if they weren't involved in some of the stupid things that liveries do.

We had a livery whose horse had sweetitch, it rubbed itself raw, the insurance company made us pay the vet bill. The next week we closed the yard.

[/ QUOTE ]

your joking ?
 
No Stacey im afraid she isnt.
frown.gif
Sick isnt it.

In the OPs case I suspect the YO wouldnt be found liable unless it could be proved that the barbed wire was down to him/her. Horses hoon about, if you have them all in one field they hoon about more. Its a risk you take....its like letting your kids out to play with their friends, sooner or later someone is going to get a bruise or a skinned knee....its what kids do when they are having fun!
 
[ QUOTE ]
If a horse is injuried on a livery yard then yes, you can claim from the YO, who should have full insurance for this kind of incident. My YO does, and in the incidents you have listed above I am 100% sure she would have been happy to claim for the vet's fees on your behalf, that is why she pays through the nose for such a policy!



[/ QUOTE ]

Really, I would not even consider it, although our yard is fully insured that kind of claim would likely lead them to close down as insurance premiums would just go up even more. My youngster reared up and hung his front feet over the top strand of electrified wire, very luckily the cuts in his heel were all superficial but because of their position it took about 4 weeks for them to heel and I did incure some vets fees. I would never had considered suing even if it had resulted in very serious injury
crazy.gif
 
I somethimes think that with all this litigation flying around horse owners should look after each other in terms of accepting that horses fool around and injure themselves and put it down to bad luck. Animals are not machines and accidents will happen. If you feel less than 100% totally confident in your YO's and the way they run / manage their yards you should not be there.

The other scenario is that people will not run businesses because of the threat of losing everything through a litigation case. I hope all those that claim have very large back gardens because sooner or later there will be no livery yards just as there are fewer riding schools.

Yes some YO's will have insurance but the stress and costs of it will make people question if its worth it.
 
No, I wouldn't either Burtie, and I have had horses injured there, but wouldn't even entertain the idea of claiming for the money, but in a recent convo with my YO she made it very clear that if any of our horses get injured in the fields then she IS covered. In the foal incident above, IMO, as the foal was uninsured (not the OP's fault either), I would consider it a reasonable use of the YOs insurance to pay out for vet fees.
 
[ QUOTE ]
I somethimes think that with all this litigation flying around horse owners should look after each other in terms of accepting that horses fool around and injure themselves and put it down to bad luck. Animals are not machines and accidents will happen. If you feel less than 100% totally confident in your YO's and the way they run / manage their yards you should not be there.

The other scenario is that people will not run businesses because of the threat of losing everything through a litigation case. I hope all those that claim have very large back gardens because sooner or later there will be no livery yards just as there are fewer riding schools.

[/ QUOTE ]

Yes I agree, but it is also silly NOT to claim from insurers, otherwise why both insuring yourself in the first place. My YO added up the amount she has paid to her insurers over the years (10s of thousands) and she has never claimed a penny - but we are all nice people LOL! She has made it clear that if she has the horse in her care (and we are talking full livery here, not DIY) then if something happens to it in the field, it is HER responsibility.

Really it is not litigation that I am talking about, it is a simple insurance claim. I would never sue someone for something that happened to my horses, ATEOTD they are my responsibility.
 
Yes you are right an insurance claim for vets fees is different to litigation where the person is suing for damages, hurt feelings, loss of earnings ie the whole shebang. I didn't get the impression from the OP she wanted a vets fees claims but the full monty so to speak. Just MO though.
 
You must log in or register to reply here.
Top