Loaning and vets bill. Who is liable.

S

sarahmisty25

New User
Joined
28 March 2011
Messages
9
Visit site
My horse has been on loan for a year now. I'm getting him back soon though. He sustained an injury whilst on loan. I've been asked to cover 50% of the vets fees even though I have a contract stating that she is liable to pay insurance or pay for the vets fees whilst horse is in her care. Thoughts on this please.
 
I would expect the loaner to cover vet fees while in her care. It's written down in black and white on your contract.
 
When you say 'I've been asked' did she ask you?

I would say the contract is clear.

Did she call the vet, is she registered with them and did she receive the bill from them? If so then the debt is in her name and I would insist on her paying. If you called the vet and it's on your account, you will have to pay it and try to get the money back from her. I assume it's not a small amount?
 
If I've had a horse on loan I've usually footed the bill, even if it's nearly killed me. Unless it was a specified course of treatment or a pre existing condition that was discussed with the owner.
 
I loan a horse and the full vets fees are my responsibility as the loaner. I'd say the same applies in your case, particularly as stated in the contract....I'm assuming the fees are relating to the injury sustained?
 
This is why I'd always keep the insurance in my name if I loaned out, just in case.

If it's in the contract then technically It should be her as stated. Any horse I've had on full loan, I would always expect to be responsible for all fees.

I'd be ringing the bhs if a member or somewhere for some legal advice on it if you really do not think you should pay.
 
I pay all the vet's bills for the horse I have on loan. When he had expensive vet treatment his owner claimed on insurance and I paid the excess.
 
What does it say in your contract? One of mine is "all costs absolutely are your responsibility until the day he comes back into my care" another is "vet fees can be paid by you or help can be given if needed" (have never needed vet other than vaccs which were paid for by owner before he came, just needed the second jab given here.)
 
Was the injury pre-existing, even if a 'niggle'? If so, I would have thought sharing costs would be reasonable.

If the injury was caused whilst your horse was on loan then I would deem the bills the loaner's responsibility. However, I would be wanting to make sure my horse got the treatment required so would probably cough up anyway and have a strong word with the loaner.
 
She has asked me to pay half the vet bill. I have insurance but have contacted them and they can't help unless I put a claim in for it.
If I do that the contract would be void if I claim for it as the horse was not in my care at the time of injury.
 
Abacus said:
When you say 'I've been asked' did she ask you?

I would say the contract is clear.

Did she call the vet, is she registered with them and did she receive the bill from them? If so then the debt is in her name and I would insist on her paying. If you called the vet and it's on your account, you will have to pay it and try to get the money back from her. I assume it's not a small amount?
Click to expand...


She called the vet took him to a vets and she got the bill
 
Thanks everyone for replying I have said that it's her responsibility for paying the vet bill. I have even phones citizens advice and a good friend of my dad's is a solicitor even he said she is liable to pay even if she took me to court she would not have a leg to stand on as I have a contract stating she is liable to pay for any treatments whilst he is in her care.
 
I've got two horses/ponies on loan; I have undertaken to pay ALL vets bills (inc vac's) which are incurred while they are in my care. I also pay other stuff like physio, dentist, shoeing & saddle fitters.

When I sent my cob off on loan I drew up a loan agreement with a similar set-up, i.e. loaner pays ALL vets bills and allied expenses. As far as I am aware this is normal practice when loaning.

Period.

Your loaner OP is frankly taking the P!ss. Think you may have to tell her so.......
 
Last edited:
If the bill is in her name, she has the contract with the vet and you have no responsibility for the bill.
What ever the contract I would have thought she had a moral responsibility to pay it, or why would you loan out absolving the loaner of any responsibility for damage?
 
A question comes to mind which I hadn't previously thought about in this type of situation, what if the injury would leave the horse with a permanent problem, for example the type of thing that might class as loss of use for insurance purposes. Is this included as part of the contract?
There are a lot of comments on the forum that could have legal implications, do we as a community need to make our transactions more formal? I haven't loaned a horse, but due to a back injury ended up with someone else riding my horse a couple of times a week. She schooled him but then wanted to start hacking out. As this was the activity involved when I was injured I was reluctant and she then stopped riding him. I was insured but hadn't got a formal agreement and didn't want the responsibility.
 
I've loaned twice. My attitude is that while a horse is in my care, all day to day costs associated with horse keeping, including vets fees, are my responsibility.

Your contract is clear. I suppose it doesn't hurt to ask the question, however if she gets shirty about you saying no I'd be bringing the horse back home ASAP.
 
sarahmisty25 said:
She has asked me to pay half the vet bill. I have insurance but have contacted them and they can't help unless I put a claim in for it.
If I do that the contract would be void if I claim for it as the horse was not in my care at the time of injury.
Click to expand...

The insurance company should have been made aware that the horse was not in your care, if the worst had happened you may have found they did not pay out, as you had insurance and I expect the loaners thought they were covered, which they would have been if you had kept the insurance company informed, you are lucky something really serious didn't happen, your contract with the insurance company IS void as the horse has been out of your care.

As you failed to keep the horse insured properly, it is probably in the loan agreement that it would be insured, then I think the loaners have a fair reason to get help paying the bill which would be paid by the insurance if you had kept them informed.
 
Has she (loaner) had and paid vets bills before? I'm wondering if it's not particularly a case of her not thinking she should pay but not wanting to pay because he's coming back to you?
Either way she's liable. It's just unfortunate that it happened right before you have him back.
 
sarahmisty25 said:
She has asked me to pay half the vet bill. I have insurance but have contacted them and they can't help unless I put a claim in for it.
If I do that the contract would be void if I claim for it as the horse was not in my care at the time of injury.
Click to expand...
Erm, if you had notified your insurance company that your horse was out on loan, and had then sent them a copy of the loan agreement, your horse would be likely be covered by your own insurance.

Keep the insurance company in the loop.

Simples.
 
As others have said, the loanee should pay, but you will have to wonder if they will think twice before getting the vet next time. I have loaned out a few horses, always kept the insurance, asked the loaner to pay the insurance cost, giving them a copy, put in the contract they are responsible for the excessive and advised the insurance company that the horse is on loan and who too, there were no issues doing this.
 
Sorry to hijack - opinions needed. Have had loan pony on loan for less app 6 weeks. (Agreed to a six month loan) Arranged for vet to come to do his jabs and check his teeth for which he was sedated. Paid the bill as I am responsible for vet bills while he is in my care.

However - while vet was checking him for his jabs she noticed a small mass on his third eyelid which she thinks is a squamous cell carcinoma and advised it had probably been there for at least 6 months. She thought it should be removed sooner rather than later.

In view of the fact that it is pre existing should the costs be covered by the owner or me or shared??
 
Suby2 said:
Sorry to hijack - opinions needed. Have had loan pony on loan for less app 6 weeks. (Agreed to a six month loan) Arranged for vet to come to do his jabs and check his teeth for which he was sedated. Paid the bill as I am responsible for vet bills while he is in my care.

However - while vet was checking him for his jabs she noticed a small mass on his third eyelid which she thinks is a squamous cell carcinoma and advised it had probably been there for at least 6 months. She thought it should be removed sooner rather than later.

In view of the fact that it is pre existing should the costs be covered by the owner or me or shared??
Click to expand...

This should be covered by the owners insurance and shows how important it is to have cover for something on loan, you need to speak to the owner ASAP to see what they want to do, I had one that had the same condition last year no sign until it flared up rapidly and aggressively, as he was retired and would not have coped with box rest and potentially losing the eye we made the decision to pts, I am sure yours will not be so serious but if the pony belonged to me I would want to be fully involved with the treatment plan from day 1.
 
You must log in or register to reply here.
Top