Is my livery yard owner negligent

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sam081978

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hi
In october last year the owner of the yard put a field irrigation sprayer in the sand school next to my 3 year old mares paddock this causing my horse to panic and run into her gate. I was not pre-warned that this was going to be happening a friend called me to tell me what was going on. As a result my mare had to undergo various treatments and was hospitalised for a week, the diagnosis was that she had a cracked rib!! She had 4 months off work then in april just after coming back into work the YO took one of the other liveries fencing down this meant she had nowhere to turn out her 2 horses so she lent her another paddock (which is one of 3 that she has for her own horses) for that day. The following day she refused to let the client use the paddock again but still had not replaced the fencing in her paddock so again there was nowhwere for them to go so the YO told her to put them in the paddock next to my 3 year old(again not informing me first) After 1 1/2 hours i went to get my horse out of the field she had fallen and split her rug, needed 3 staples in her leg and is now in the equine hospital again awaiting surgery for three damaged vertebrae in her neck which means i will never be able to ride her, she is only 4. Is this negligence on the yard owners part????? please help
 
Im sorry to hear about your poor horse :(

But I couldnt say if its negligent one the yard owners part tbh. I mean, putting a horse in a field......thats a good thing? If your horse has had an accident in the field how can you be sure that having a new neighbour was to blame?

I would just move yards if I was that unhappy with the service.
 
oh dear. poor you! I hope your horse is ok as it can be.

When all of these events occured, your horse was in his field? The machinery or the other horse weren't actually in his field, just next to or near it so he could see it? If that is the case I wouldn't have said she was negligent. I think it is reasonable that they do work, or move things around your horses field without driectly interfering with him without necessarily having to tell you. Sorry.
 
hi
two sides of the sand school are in my fiels so the sprayer was throwing water over my field as well as the school. Its not a school sprayer it is an agricultural one thats used to spray crops in the fields. The horse have had no other horses change around them for about two years so it was a massive change for a young horse so they all went mad. After an hour the YO moved the horse out and put it into the paddock that she had lent her the day before as she knew it had caused a problem.
 
I agree with Galaxy. If you thought she was negelgent after 1st accident why didnt you move?

My y/o broke his leg in the field last year and cost us nearly £10.5k, he then (in the past year) has punctured his coronet band, bucked funny resulting in bad back, and sliced a 7 inch (yes 7) into his inner stifley bit.

It was noones fault...just young horses being a total accident prone twit.

Incidentally, I am the Y/O so cant blame anyone!!

Horses need to learn to go out with different horses/accept change, most just run around and settle down, I dont think your y/o did anything wrong. When a new horse comes onto my yard it gets wormed and turned out, they have a squeal and a run around and thats it...I never really understand the big deal but that is probably becasue I never make it into one.

Is your youngster turned out alone?

Also, have you thought of the ethics of keeping a 4 year old horse that cant be ridden as a pet? What do you plan to do with her? When my youngster broke his leg it looked like curtains, but thankfully he is rideable and will compete (apparently) at rc level, so has a use and a good quality of life.
 
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sorry but no i think unless you ahve video evidence to say that this is what happened you dont have a leg to stand on what ever the YO did afterwards !! your horse was in the field they have accidents x
 
Still not sure you have grounds for a law suit... Grounds to be hacked off I understand! But I don't think a horse being put in the field next to yours in unreasonable...

Are you a Gold member of the BHS? If you want actual legal clarifaction you could call their free legal helpline.
 
The reason i didn't move after the first accident was because she was only sound for a couple of weeks till the next accident! Do you think its a good idea to travel a horse with a cracked rib!!! and there is limited stabling where i live so its not easy moving 5 horses. As for keeping a 4 year old that cant be ridden thats my decision the is a lot more to this than i can explain on here. She is a mare so she could be used as a broodmare depending on how much difference the operation makes. I see your opinion is that of a YO so you would say that its up to the yard owner to do what they want i just think all of this could have been avoided with a little communication
 
No my youngster is not in the field alone she was out with the same horse she has been out with since she was born. Her mother. Yes they were weaned but were put back togther afterwards
 
I'd be gutted about my horse

I'd be narked at the YO

I'd be annoyed at myself for leaving the horse on a yard where I didn't trust YO

But I wouldn't, for one minute, think the YO legally negligent
 
sam081978 said:
The reason i didn't move after the first accident was because she was only sound for a couple of weeks till the next accident! Do you think its a good idea to travel a horse with a cracked rib!!! and there is limited stabling where i live so its not easy moving 5 horses. As for keeping a 4 year old that cant be ridden thats my decision the is a lot more to this than i can explain on here. She is a mare so she could be used as a broodmare depending on how much difference the operation makes. I see your opinion is that of a YO so you would say that its up to the yard owner to do what they want i just think all of this could have been avoided with a little communication
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I travelled a horse with a broken hock joint complete with pussing abscess on the bone an hour and a half to equine horsepital...so I will reserve judgement and say that if I honestly thought my y/o was neglegent I would move ASAP and not put my horses at risk - and would now expect any of my liveries to do the same.

I dont want to get into a row (at all) about your decision to operate at all, each to their own, however if your horse is as accident prone as it has been recently you face a long line of vet bills for what effectively is an over grown rabbit kept in a hutch. Having been in the situation myself I wouldnt wish it on anyone and am thankful my youngster made a full recovery.

I also (and sorry for sounding harsh) would never use a mare as a broodmare unless it has impeciable breeding OR record, and much less so if they have had what sounds like major surgery on cracked vertebrae.

YOur mare is riding four, and you have found yourself in a horrible situation. Having been there, and as a yard owner, the only advice I can give is not to blame your y/o, cast feelings of sentement aside, and look for the best and most ethical solution for your horse.
 
QR
As much as I feel terribly sorry for your horse's accidents, I'm afraid it is exactly that - accidents...
I can see why you feel annoyed and bitter, but I can't see where the YO is to blame...

And yes, I am a yard owner.
 
galaxy23 said:
oh dear. poor you! I hope your horse is ok as it can be.

When all of these events occured, your horse was in his field? The machinery or the other horse weren't actually in his field, just next to or near it so he could see it? If that is the case I wouldn't have said she was negligent. I think it is reasonable that they do work, or move things around your horses field without driectly interfering with him without necessarily having to tell you. Sorry.
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I'm afraid I have to agree with Galaxy.
 
my horse had a successful showing career ahead of her she has done really well at county level since she was 5 weeks old. If i had to get her to the equine hospital like i just have in the state she is then i would but to move a horse that is recovering is just asking for the cracked rib to re-present itself is it not. I have thought of nothing else other than the welfare of my horse she is being looked after at one of the countrys best equine units so noone can say i am not doing the best for my horse
 
To all yard owners do you all use industrial irrigation sprayers to water your scholl? Ive had horses for 22 years and have never seen it yet especially where someones horse is grazing two sides of the school!
 
And for anyone that thinks i am looking for someone to blame that is NOT the case, a BHS instructor told me to enquire about this
 
I don't use industrial irrigators on my school, but my next door neighbour (an arable farmer) does use them in fields next to my horses' grazing - yes, they do spook to start with, but soon get over it.
 
ah.... I am a BHS reg instructor!

I can understand how upset you must be. But if she was roling the school your horse sounds that excitable that it could have gone one one. What if she was rolling/harrowing/fertilising the fields next to your field with a tractor? Again, could set your horse off and I would say all of these things are reasonable things for the YO to do.

Horses spook in fields. Some more than others. I know you know this, but I don't think she has done anything unreasonable. You can't say that your horse would ahev been ok with a "normal" school waterer

Sorry. I again would advise you call the BHS legal helpline.
 
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sam081978 said:
my horse had a successful showing career ahead of her she has done really well at county level since she was 5 weeks old. If i had to get her to the equine hospital like i just have in the state she is then i would but to move a horse that is recovering is just asking for the cracked rib to re-present itself is it not. I have thought of nothing else other than the welfare of my horse she is being looked after at one of the countrys best equine units so noone can say i am not doing the best for my horse
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Ah, the similarities are huge, I bought my pally with the idea of showing him as my last horse was doing amazingly well in riding horse classes before we lost him - and now cant becasue his hock is massively capped.

I am not doubting your best intentions are with your mare, however sometimes (and we all do it) you need to take stock and put your feelings aside - that is all I am saying.
 
sam081978 said:
So its only 5 feet from your horse and as quiet as rain! Have you ever stood next to one with a 3 year old
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No, I haven't stood next to one with or without a 3 year old - I imagine I would get soaking wet.
ETS: I also try to avoid standing around in fields when it's raining - fair weather creature that I am.
 
i was prepared to listen to it until people started blaming me when honestly i have blamed my self through the whole thing. and as for the comments about my ethics you dont even knoe me i work for what i have and was not given it all on a plate like some obviously are they are my horses, pets! not just something to be disposed of if its not turned out the way i wanted. I bred her so its up to me to do the best for her she even has a surgeon from america dealing with her case so dont tell me i am wrong for trying
 
sam081978 said:
I am so finding this funny not
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Chill out! You asked for advice, we gave it, I am sorry it is not what you wanted to hear :(

Y/O's get a terribly bad time of it you know. I was once even told I was trying to kill a horse by giving it water (wtf). As everyone has said, you have every right to be peeved with your y/o for doing something which upset your horse...but just like I wouldnt sue a livery if their horse casued ME damage (like this morning, when I got reared at/lunged at/nearly kicked/pinned against the wall by a terribly bad tempered and over fed welsh sec D mare) I would not be best pleased if a client was considering legal action against me for watering my school or turning out horses in the paddock next to them, and to be honest, would probably give them their notice!
 
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