Livery dispute advice

[Lb071]

I usually use this site for guidance but have found the courage to create a account and seek advise having found no similar topics.
I am having a dispute with a former livery who has since left the yard I am stabled on. A brief summary would be that my mare and a gelding got into an incident in the field, we both had vet fees, mine for injuries and the other livery had fees for tests. Precautions were taken and the horses were not turned out together again. I don’t think anyone is at fault but as my horses was injured ( stitches) I have had to claim through insurance. After persuasion i managed to get the owner of the gelding to contribute to the fees for excess however they have since left and have stopped contributing.
I’m considering getting legal advice but unsure if this is the correct path.

 

[Auslander]

I wouldn't dream of asking someone else to contribute to a vets bill, even if their horse did the damage. When you own horses, you accept that you are responsible for the veterinary care of your horse, and that horses hurt each other sometimes.

 

[Antw23uk]

Erm .. your horse, your vet bill. How rude!

 

[The Trooper]

I would never ask nor expect someone else to contribute to fees for my mares regardless of what happened in the field.

I was out a ride with my friend last year and one of my mares ran up the back of hers and sliced her mares leg open quite badly. I gave her some cash towards the vet bill because i'm nice and wanted to help her. If it was an incident whilst turned out I would not have helped, i only helped because i was riding my mare at the time.

If the roles were reversed I again wouldn't be looking for any help from the other party as these things happen.

Belle is the dominant mare in her field, she is extremely dominant. I don't doubt she has hurt another horse in her field at some point but these things happen. Indeed just this morning she went full on Hannibal Lector on another mare in the field because she dared come across and say hello to 'Her Human'.

 

[paddi22]

I'm amazed they agreed to pay anything. Horses get injured, that's just life. It's not malicious or done on purpose. I always assumed there was an understanding between owners that any horses turned out together are going to damage each other at some stage! I wouldn't have expected anyone to contribute to my bill in that situation.

 

[Pearlsasinger]

Did you contribute to the cost of the tests?

It will probably cost you more for your legal advice (unless you are a BHS member) than half the excess, which can't be that much. Just pay it and be glad that the mare only needed stitches.

 

[AmyMay]

I wouldn't dream of asking someone else to contribute to a vets bill, even if their horse did the damage. When you own horses, you accept that you are responsible for the veterinary care of your horse, and that horses hurt each other sometimes.

Completely agree.

 

[redredruby]

I can't believe that the owner of the gelding agreed to contribute or that you even asked!!
Horses get injured, that is a risk we all take - I'm surprises no-one took you to one side and told you to stop being so ridiculous.

 

[Meowy Catkin]

After 'persuasion'... oh golly, I really hope that you didn't pressurise them so much that this caused them to leave the yard.

I am astounded that you expect them to contribute to your vet bill.

 

[dogatemysalad]

Generally, if you turn your horse out with others, you accept the risk. I've just had to pay for stitches my horse received from a kick. That's life.

 

[Lb071]

I think it is different when your horse is the injured party. It may not be common but the matter of fact is the livery agreed to share the excess, later messaged to say she changed her mind and didn’t want to contribute then after more convincing she agreed to pay again. I have this all on WhatsApp so it is in writing.
I am considering raising this with the small claims court because this is in writing on WhatsApp. Because it is in writing I can’t see how I can’t win the case.

 

[ihatework]

Are you from another planet?
If you turn horses out together you have to accept that at times there will be accidents and vets fees. This is what insurance is for.
Of course the other livery shouldn’t contribute to your bill.

 

[The Trooper]

I think it is different when your horse is the injured party. It may not be common but the matter of fact is the livery agreed to share the excess, later messaged to say she changed her mind and didn’t want to contribute then after more convincing she agreed to pay again. I have this all on WhatsApp so it is in writing.
I am considering raising this with the small claims court because this is in writing on WhatsApp. Because it is in writing I can’t see how I can’t win the case.

Good luck.

 

[Pearlsasinger]

How much is half the excess?

 

[Meowy Catkin]

I have owned horses injured by others, including one that cost £800 to be stapled back together (wound was the length of the horse). Did I ask or expect the other horse owners to pay any of the bill? No.

You are being unreasonable. Just leave them alone and pay your own bill.

ETA - I really don't like reading about all this persuading, convincing and keeping 'whats ap' conversations. It gives the awful impression that you have been very unreasonable and manipulative.

 

[Lb071]

I should have mentioned half the excess is £250, I have received £50 but had no further payments despite agreeing to £25 a month until the full amount was paid.

 

[dogatemysalad]

I think it is different when your horse is the injured party. It may not be common but the matter of fact is the livery agreed to share the excess, later messaged to say she changed her mind and didn’t want to contribute then after more convincing she agreed to pay again. I have this all on WhatsApp so it is in writing.
I am considering raising this with the small claims court because this is in writing on WhatsApp. Because it is in writing I can’t see how I can’t win the case.

Out of interest , how much more of your insurance excess has this lady got to pay and was this incident the reason that she left the yard ?

 

[HappyHollyDays]

One of mine was kicked badly on the hock by another liveries horse. He had to have X-rays, antibiotics, and two vets visits. I didn't blame the other owner, it was an accident.

Your horse must have sustained an horrific injury if the stitches cost more than the excess.

 

[Gloi]

Nobody in their right mind will ever want their horse out with yours ever again.

 

[Cortez]

I think it is different when your horse is the injured party. It may not be common but the matter of fact is the livery agreed to share the excess, later messaged to say she changed her mind and didn’t want to contribute then after more convincing she agreed to pay again. I have this all on WhatsApp so it is in writing.
I am considering raising this with the small claims court because this is in writing on WhatsApp. Because it is in writing I can’t see how I can’t win the case.

Is this a windup?

 

[ester]

Was the gelding mounting her and actually a rig?

That is the only possible scenario I can think of where the gelding's owner may have more responsiblity.

 

[sport horse]

Surely the owner is not responsible for what her horse does when it is in a field at a livery yard. If the horse escaped and caused damage to say a car, then yes there is 3rd party liability because the horse should not have escaped. Maybe you will have to sue the horse as in law I doubt the owner is responsible.

 

[Lb071]

There is still £200 of the £250 excess due.

My mare got a away lightly, stitched and pain killers, thankfully she was turned back out as soon as she had be stitched up. She was torn by a gelding serving her whilst out with a mixed herd.

The owner of said gelding was asked by the yard owner to test the gelding to see if it was fully castrated which was the case.

I believe I have a good case and want to take this further on the condition I am likely to win.

 

[ImmyS]

There is still £200 of the £250 excess due.

My mare got a away lightly, stitched and pain killers, thankfully she was turned back out as soon as she had be stitched up. She was torn by a gelding serving her whilst out with a mixed herd.

The owner of said gelding was asked by the yard owner to test the gelding to see if it was fully castrated which was the case.

I believe I have a good case and want to take this further on the condition I am likely to win.

Is it really worth it?

If you choose to turn your horse out in a mixed herd then you should accept the risks.

 

[ihatework]

There is still £200 of the £250 excess due.

My mare got a away lightly, stitched and pain killers, thankfully she was turned back out as soon as she had be stitched up. She was torn by a gelding serving her whilst out with a mixed herd.

The owner of said gelding was asked by the yard owner to test the gelding to see if it was fully castrated which was the case.

I believe I have a good case and want to take this further on the condition I am likely to win.

Fill your boots then.

I’d be inclined to take legal advice on your chances first.

 

[The Trooper]

There is still £200 of the £250 excess due.

My mare got a away lightly, stitched and pain killers, thankfully she was turned back out as soon as she had be stitched up. She was torn by a gelding serving her whilst out with a mixed herd.

The owner of said gelding was asked by the yard owner to test the gelding to see if it was fully castrated which was the case.

I believe I have a good case and want to take this further on the condition I am likely to win.

So the gelding was indeed a gelding and not a rig?

If this is the case I'd suggest going forward you arrange for individual turnout at your yard, and if that is not available find another yard where it is. I would certainly not want your mare in with either of my two. Not with the attitude you have to accidents.

 

[ester]

So gelding not actually rig, owner could not be expected to know it would mount mares (and frankly mare just as likely to be partly responsible as the 'entire'). Mare recovered absolutely fine.

I think it's pretty rough of you to be pursuing this person.

 

[Bellaboo18]

You won't win, I'd put money on it, in fact I'd put £250 on it. Turnout in herds is natural and in nature accidents happen including geldings mounting mares. I feel sorry for the poor livery, it sounds like she may have been bullied off the yard and since taken advice hence not giving you anymore money.

 

[Leo Walker]

There is still £200 of the £250 excess due.

My mare got a away lightly, stitched and pain killers, thankfully she was turned back out as soon as she had be stitched up. She was torn by a gelding serving her whilst out with a mixed herd.

The owner of said gelding was asked by the yard owner to test the gelding to see if it was fully castrated which was the case.

I believe I have a good case and want to take this further on the condition I am likely to win.

You might win but you might find yourself without a yard, and certainly without any company for your horse in future. All over less than £250. Id think carefully about what you want to do here.

If it turns out the tests on the gelding were negative then its going to be very had to win I'm afraid. They may pay up rather than face the stress of it all, but do you really want to do that to someone?

 

[ycbm]

I think it is different when your horse is the injured party. It may not be common but the matter of fact is the livery agreed to share the excess, later messaged to say she changed her mind and didn’t want to contribute then after more convincing she agreed to pay again. I have this all on WhatsApp so it is in writing.
I am considering raising this with the small claims court because this is in writing on WhatsApp. Because it is in writing I can’t see how I can’t win the case.

I do so hope you are a troll.

What vile behaviour.