Legal Help Needed!

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Sussex

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Hi, does anyone happen to know how an owner stands legally if his/her horse kicks another horse whilst out in the field resulting in the kicked horses owner incurring vetrinary costs? I have never heard of anyone suing for costs after a kick before. Has anyone else?? surely you put horses out together with some amount of risk of injury as we all know that horses can be un predictable, even those with no history of kicking/fighting! Any help/opinions would be greatly apprieciated!! Many Thanks!
 
I would speak to your insurance company as your horse should be covered. This type of thing is a mine field and most of us owners would just accept that it is natural for horses to kick and get kicked and to pay the consequences. I would not turn my horse out with others in case they got kicked, but if I did and someone elses horse kicked mine I would just pay the vet myself - unless it was really expensive and then I would get the insurers to pay. The only problem is if the insurer wants to get the money from the other horse's insurance. What happened and do you both have insurance?
 
The trouble with turning horses out together is that there will inevitably be kicks - it's one of the risks of owning a horse!

The kicked horse should have it's own insurance and it's owner will be liable for the vets fees for the horse. Unless your horse has a reputation for booting others then there should be nothing said.
 
Thanks, thats pretty much my own opinion on it too! I dont know if the other horse is insured, i assume it would be. The horse that alledgedy did the kicking is not insured is not a known kicker, usually the other way around and him getting booted! Vets fees alledgedly of around a grand!
 
I saw a livery yard who puts small signs by the paddock gates saying "you are turning your horse loose in this area at your own risk". I thought that was quite a good idea. Not sure how it stands legally though, but would be interested to find out.
 
i had a pony that i had just had delivered from ireland i put it into stable and left yard. about 2 hours later YO decided to turn it out for me ( i was on diy) within minutes of it being in the field it was kicked, resulting in 6 weeks box rest, x rays, vets and a lot of TLC. it was originally though its leg was broken. i fortunately had insurance cover and as it was an accident they waived the 14 days waiting period. i never blamed anyone YO was distraught and a lot of the liveries spoilt him rotten while on box rest. there was only one other horse out and YO saw it being done, BUT the owners of the kicker never spoke to me and asked if he was ok or anything they just ignored me. they used to speak before it happened i think they thought i was going to ask for the money from them. vet bill came to nearly £1500
 
Someone tried to get vets fees out of a friend of mine after her horse allegedly kicked his daughters pony. He claimed it needed 100 stitches blah blah. My friend pointed out the risks of mixing strange horses and he shouldn't have just opened the gate and stuck it in with an established group anyway. Her horse was playful but definitely not a kicker in any way shape or form. She stuck to her guns and the matter was dropped. We later heard that this man had tried the same stunt on a number of people over the years (funnily enough he couldn't find the excess for vets bills but could drive an new Jag!) and I saw the "pony" a few days later being ridden by his hatless daughter. It was over 15hh and was cantering sideways down the road at the time so had obviously made a lightning recovery! The only exception I would make to my opinions on this topic is if someone knowingly grazed a confirmed kicker with other people's horses. That isn't fair, and while horses will be horses and indulge in fisticuffs occasionally, a determined kicker who picks fights for the fun of it is a whole different ball game.
 
I would say its just part of horse ownership unless offending horse was well known(and owner knew) for being very aggressive to other horses.
I have had pony broke bone in leg from another horse,yard staff saw it happening wouldn't have dreamt of asking money for vet as it was just one of those things.Only irked when owner said it wasn't her horse as her horse didn't kick!
 
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I have never heard of anyone suing for costs after a kick before. Has anyone else??

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I have, and they were not successful.
 
Thanks everyone for all your comments/imput, really useful. The alledged "Kicker" is def not a known aggressive type, complete softie towards humans and horses! Was bottle fed as mother died so a real baby! That said i cant prove it wasnt him that kicked, these things happen! I too have had a horse kicked by another horse, broken leg, very sadly had to be put down, i did not ask the owner for a penny or hold it against them. I also recently got a new horse that was kicked in the field not long after i got him, (only 1 other horse with him) luckily not badly but it still cost me £150!!
 
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