Liability ?

[Ashf]

We have kept our horses on the same farm for about 6 years without any real issue. About 2 years ago, the father running it got sick and moved away, and the son moved in and took charge.

Horses have been kept in what were pens which calves were reared in.

A new gelding was moved in last year and the farmer (son) decided to give it the pen next to the one which we stable one of the pony's, and the gelding started to hassle her all the time over the breeze block pen wall which is about 4ft high.

She gets agitated by the geldings nipping, and hassling, and kicks out at the wall putting a crack in it.

Farmer then demands that we pay for the wall to be repaired.

Now The calves previously in there, had already cracked the wall further along, and they then had the whole wall knocked down ad rebuilt, and then presented us with the bill.

Given he could see our pony getting agitated, and being warned about this before the wall got damaged, do you think the liability should lie with us or him given the above info ?

Ta

 

[fidleyspromise]

When you were presented with the previous bill, did you pay it?
If it was the calves that had done the damage, then I wouldn't have, personally.

With the current damage, I wouldn't have been happy to leave my mare there to be agitated and harrassed. If they could see how your mare was retaliating before the crack appeared, then why is it your problem? It should have been resolved before this, to my mind.

If my horse does damage, I.e was in a stable and battered the wall, knocking a hole in it, I would be the first to pay as my horse did the damage but if she was provoked and owner knew there was a chance this would happen and didn;t try to prevent it, then no I wouldn't.

 

[lcharles]

If you pay stabling fees, i believe that maintence would be included in this! x When my horse ripped his stable door off the farmer fixed it straight away and didnt charge me for it! x I wouldnt expect you to pay it as thats what the rents covers i'd have thought! x

 

[Goldenstar]

depends how much you want to keep your horse there.
If you repair it I would be tempted to fix a electric tape along the top powered by one of those tiny units that works off little battery's that will stop the hassleing hopefully.
Or try to persuade the farmer to move one of them.

 

[OWLIE185]

Do you have a contract with the farmer? If not then it is definately not your responsibility.

Calving pens are not stables so therefore are not designed for horses. The farmer is providing a service to you and therefore has a duty of care for your horse and should be providing proper stabling for your horse.

 

[Ashf]

Nothing in writing. Not particularly happy with the way the son behaves (could tell you a story). I don't go down there much nowadays TBH, but the wall was an L shape and the crack was in shorter wall, they ended up rebuilding the whole of the L and then expect us to stump up for it.