Legal Brain needed!!

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Dovorian

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In very brief synopsis.... My horse was at livery for a short time at a large yard. Whilst there it was noticed that a stable window was significantly broken Owner informed, very sweet, promised to fix it asap. Sods law, horse sticks his face through it before it could e fixed ( ummm weeks later!!). So have horse which looks as though a glass bottle has be smached on his face + subsequent huge vets bill. Obviously horse could not be moved immediately but as soon as vet said e could I took him home to 'safe' environment. I didn't give a full month's notice as I felt that I had no option but to take horse away from the risk of further damage. I didnt claim vet costs from livery owner as I felt that the stress + hassle wouldn't be worth it, until this morning when the 'person' threatens legal action for 2 weeks livery........

I was spitting feathers for a good could of hours as this was over 2 months ago and I'm only just able to get a bridle on my horse after the 'accident'. To be told that my horse was 'stupid' to put his head onto cracked glass was the end really.

Am I within my rights to claim against the yard owner although time has passed, I had thought that he was suitably contrite but his total silence hid a nasty intent. The loser here has been a poor horse which has undergone painful treatment as a result of plain negligence.

Phew... am I mad!
 
Are you a BHS gold member? they have a legal helpline. If not you could either try your insurance company or you can speak to a solicitor (they usually give you 30 mins free so you could ask if it was worth pursuing.
I would certainly challenge this as you couldn't move him because of the injury caused by their negligence from what you have said.
Good luck. would be interested to know the outcome.
 
Blimey D, I'd be spitting nails too! But I think you may have a problem issuing a counter claim because a good defence would say that you allowed your horse to still be kept in the stable with the smashed window. Good luck anyway but do remember that there are no guarantees with court actions brought by private individuals and even if you eventually won some financial payment, the whole thing may end up costing more than the 2 weeks livery. Could you offer to split the difference and offer 1 week?
 
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Blimey D, I'd be spitting nails too! But I think you may have a problem issuing a counter claim because a good defence would say that you allowed your horse to still be kept in the stable with the smashed window.

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You issue a defence which says the accommodation provided was unsafe and unsuitable (proof in horse's injury.) The horse was removed to prevent further injury (presumably the window was STILL broken!)

Don't offer a penny - in your defence, detail the costs you incurred as a result of the unsafe accommodation. Provided your bill was paid to the day you left, I doubt she'll have a leg to stand on.
 
Thank you all - the sad thing is that there is now another horse in the stable and the window is still broken!

Luckily I have my chap back at home - even the thought of being sugar sweet to the OH to get jobs done is a relief!
 
If you can get evidence to show that I am sure it will help. Personally I think they are trying it on & I would send a letter saying that I have until now you have refrained from suing them for the injury but are reconsidering - but if you have legal fees insurance anywhere or BHS membership talk to them first as I know nothing really.
 
JG - you've misunderstood what I was trying to say which is that even AFTER dovorian noticed the window was broken, she continued to stable her horse in that stable until the injury occurred. I'm sure there have been cases where for example, an owner has continued to turn a horse out in a field where there are known dangers eg wire etc etc. Any subsequent injuries are at least partly the owners fault for CONTINUING to turn the horse out there, in full knowledge of the risks. See what I mean? Just trying to be realistic.
 
QR - Similar thing happened to me. Went down to get pony from field, top rail of fence down, so he could step over it onto M6!!

Tacked up and rode off yard there and then, half way month that I had paid in advance. They billed me for 2 weeks as I didn't give notice. Didn't pay, they sued me. I counter claimed that they had a duty of care to my horse that they didn't fulfill.

Long and short of it .... went to court, decision went against them, they had to pay me money.
PM me if you want more details.
 
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