Mare accidentally covered!!

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20questions

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Hi all,
We have found ourselves in rather a difficult position. Our mare was sent to be backed last year, we have just discovered that she is in foal due sometime in May. This will mean we will have to birth and care for the foal and the mare will miss out on a year of work not to mention the worry and finances involved.
Just wondered if anyone has been in this position and can offer any advice as to what kind of compensation or not you would expect given the circumstances?
Thank you!
 
I believe you can recuperate all costs involved & loss of use. Can I ask why you quote a year off work? If you have just found out then you have lost say 6wks this end & she should cope with light work after 2mths so that once the foal is weaned she is fit enough to restart her career under saddle. All mares/foals are different but we were able to take ours out to local competitions when foal was 5mths just because they were happy to be apart for a few hours. By then they are not visiting the milk bar so often & are happy to stay with their friends.
 
I've never been in this situation but a friend of mine has. She spoke with the stallion owner and the options that they came up with was;

1. Stallion owner takes mare to foal down and covers any associated costs. Stallion owner keeps mare and foal until weaning. At weaning stallion owner has ownership of foal and sends mare back to mare owner.

2. Mare owner keeps mare to foal down at her stables. Pays all associated costs. Stallion owner charges reduced stud fee for mare owner on a LF and mare owner keeps foal after weaning.

3. Mare owner keeps mare to foal down at her stables. Pays all associated birthing costs and owns foal at birth. No stud fee applicable except costs to register foal.

Smart girl chose number 3 ;)
 
Option three is fine unless something totally unsuitable covers someone's pride and joy! Whoops.

The owners of any horse are ultimately responsible for its actions unfortunately. If a horse slips through bad fencing onto a motorway and kills someones grandma- they are responsible.

If a professional - ie earns a living, from starting horses, has not taken the precautions to prevent this- seek qualified advice. There are a few equine solicitors.


Good luck
 
Spring Feather said:
I've never been in this situation but a friend of mine has. She spoke with the stallion owner and the options that they came up with was;

1. Stallion owner takes mare to foal down and covers any associated costs. Stallion owner keeps mare and foal until weaning. At weaning stallion owner has ownership of foal and sends mare back to mare owner.

2. Mare owner keeps mare to foal down at her stables. Pays all associated costs. Stallion owner charges reduced stud fee for mare owner on a LF and mare owner keeps foal after weaning.

3. Mare owner keeps mare to foal down at her stables. Pays all associated birthing costs and owns foal at birth. No stud fee applicable except costs to register foal.

Smart girl chose number 3 ;)
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Is this a joke...... Stallion owner allows his stallion to cover a mare that wasnt supposed to be. And the options are.

1. He gets a free foal, and gets a free loan broodmare. With no compensation to the mare owner.
2. Dont worry you can keep the foal...But you have to pay for everything. and ill have the cheek to charge a stud fee.
3. Dont worry you can keep the foal...But you have to pay for everything including a stud fee, and ill pay the poxy amount to register it

shocking..
 
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Thanks but I'm afraid we don't want the foal and neither would we risk sending the mare away again! Did your friend want a foal? Surely she would not have been liable for stud fees when the stallion was not supposed to be covering the mare in the first place? Otherwise studs would be letting loose their stallions and charging mare owners left right and centre :-)

Re time off, I really can't imagine hacking my young mare out and leaving an 8 week old foal behind. I wouldn't feel safe trying to work her in the fields with the foal either, (I assume this is what you do initially) she is only young and still green.

Thank you!
 
Thanks Melissa, Yes I think I will have to seek legal advice. I was hoping someone could tell me what they would consider to be reasonable.
 
Thanks Sprite1978 I thought that post was for real at first and I was being OTT seriously ... this is my pride and joy and her life is at risk. Sod the stud fee!
 
I thinkk it would be reasonalbe for you to claim all vets fees, all costs incurred in sending the mare away to foal (If you chose that). The option to keep the foal, including compensation to cover stable costs until weaning, and some compensation for the pure inconvenience.
 
20questions said:
Thanks but I'm afraid we don't want the foal and neither would we risk sending the mare away again! Did your friend want a foal? Surely she would not have been liable for stud fees when the stallion was not supposed to be covering the mare in the first place? Otherwise studs would be letting loose their stallions and charging mare owners left right and centre :-)
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No she didn't want the foal initially and yes the stallion owner was definitely playing her. She could have gone down the legal route, and she did look into it, but it was going to cost a fair amount so she didn't. In the end she realised that the stallion was a superior horse to her mare and that if she didn't want to keep the foal then it would be emminently saleable. So that's what she did and she made a nice recompense for a few months without riding the mare. As said, the stallion owner did not charge a stud fee however she paid to get the foal registered. It all worked out well in the end as nearing the time the foal was going to be born she was quite looking forward to it. The sale of the foal well and truly covered any costs she had and one might say paid compensation for the inconvenience also.
 
Thank you, yes that sounds reasonable although it won't get me this summer back with my young horse! :-(
Fingers crossed all goes well for her.
 
Spring Feather said:
She could have gone down the legal route, and she did look into it, but it was going to cost a fair amount so she didn't. In the end she realised that the stallion was a superior horse to her mare and that if she didn't want to keep the foal then it would be emminently saleable. So that's what she did and she made a nice recompense for a few months without riding the mare.
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Ah, that is very different from my situation I'm afraid. Thanks for your help though :-)
 
Ah, thats a bummer.

What is the mare and what was she covered with?

Have you spoken to the stallion owner? Have they offered you anything? or have any suggestions? Did they know that this had happened?

As it is, you have no option, but for the mare to foal and raise her baby. Do you have a school you could ride her in a couple of months after she foals? she may cope better than you think? Maybe start advertising the foal for sale as soon as it is born.

Hope you get something sorted out. Rest assured that the irrisponsibility of whoever had your mare does not happen at every yard. we have 3 stallions at our yard and my friend also takes horses to back and produce and at no time would this be allowed to happen. (Unless the owner requested it of course!!!)
 
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20questions said:
Ah, that is very different from my situation I'm afraid. Thanks for your help though :-)
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Yes it did actually end up working out in her favour. Sounds like the stallion that has been with your mare was not a desirable suitor? If this happened to me I think I'd be more inclined to approach the stallion owner first and see what he/she has to offer. If not acceptable then venture down the legal route or threaten to sue.
 
If you have only just found out and havent had the mare off/out of work im not sure what your foal will be like.
Fingers x that the foal turns out ok, as well as the mare and your able to sell on the foal.

Sorry to ask, but how did this manage to "accidently happen?"
 
I think the word here is "irresponsibly" covered, not "accidentally". I think that whoever had your mare had a duty of care and you should discuss this with them. Hope that this is resolved as you are in a situation (whether you like it or not!) - it is now a fait accompli...
Good luck!
 
sprite1978 said:
Sorry.... I Should have put.

Option 3. Sod off and pay for everything yourself including the registration fee.
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Lol! It was a sight better a deal than No. 1 whereby the stallion owner was going to pay all costs and give free foaling livery for the duration till weaning and then give her back her mare minus the valuable foal.
 
haras said:
Ah, thats a bummer.

What is the mare and what was she covered with?

Have you spoken to the stallion owner? Have they offered you anything? or have any suggestions? Did they know that this had happened?

As it is, you have no option, but for the mare to foal and raise her baby. Do you have a school you could ride her in a couple of months after she foals? she may cope better than you think? Maybe start advertising the foal for sale as soon as it is born.

Hope you get something sorted out.
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Thank you, Really don't want to divulge any details as we have just found out and i haven't spoken to the stallion owner yet. I just wanted an idea of what would be reasonable to expect before I call.
Unfortunately our arena is not fenced!
The worry i have with selling the foal is finding a good home as it will not be fabulously well bred and I believe in being responsible for the innocent little lives you bring into the world.
 
20questions said:
Re time off, I really can't imagine hacking my young mare out and leaving an 8 week old foal behind. I wouldn't feel safe trying to work her in the fields with the foal either, (I assume this is what you do initially) she is only young and still green.

Thank you!
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Went in the school at a month old to start with, foal more then happy to either go along side, or lay down & snooze. He was the one that chose to stay in the field when the mare came out & as neither were concerned thats what happened he stayed put she went in the school. We then started to hack her out starting at 30mins & built on that. I will reiterate that neither were concerned & that is the only reason we were able to do this. You are entitled to recover all costs, but you will need to speak to a solicitor after finding out what the stallion owner is willing to offer. Hopefully her foaling will go well but you are entitled to re-coup your losses including not being able to use the mare.
 
dianchi said:
If you have only just found out and havent had the mare off/out of work im not sure what your foal will be like.
Fingers x that the foal turns out ok, as well as the mare and your able to sell on the foal.

Sorry to ask, but how did this manage to "accidently happen?"
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Fortunately she has been on her winter jollies but she has not been fed as an in foal mare obviously.

No idea how it happened as have not spoken with the owner yet. Accidents do happen I just hope my mare will be be ok.
 
The problem is that currently you are saddled with a foal due next month. Bless her, good mare to have kept it so quiet- foals are quite hardy inside the mare so fingers crossed! It is not the foals fault..

Ok, you have probably a fairly good case here- firstly as professionals they would have had a duty of care to the mare, secondly negligence for not providing fencing, stabling etc to contain a wayward horse complete with its love tackle.

Some things do happen for a reason, and you will have to await the birth of the illegitamate baby. But certainly seek qualified advice- from a proper equine solicitor.

Good luck
 
magic104 said:
Went in the school at a month old to start with, foal more then happy to either go along side, or lay down & snooze. He was the one that chose to stay in the field when the mare came out & as neither were concerned thats what happened he stayed put she went in the school. We then started to hack her out starting at 30mins & built on that. I will reiterate that neither were concerned & that is the only reason we were able to do this. You are entitled to recover all costs, but you will need to speak to a solicitor after finding out what the stallion owner is willing to offer. Hopefully her foaling will go well but you are entitled to re-coup your losses including not being able to use the mare.
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Sounds great, well done. I don't feel my mare is quiet enough to do this with but maybe we'll try and see what she thinks :)
 
This might help, not quiet the same as your mare went to their premises.


Ask H&H: neighbouring stallions

Kathy Carter

6 November, 2009


Q: The owners of our neighbouring field have a stallion. The dividing fence, which is their responsibility, is made from sheep netting and barbed wire.


What would happen if the stallion escaped and covered my mare or injured my gelding?

MW, Bedfordshire

The duty of the horse's owner arises under the law of negligence and the Animals Act 1971.

"If a horse owner has been negligent by having inadequate fencing, they can be liable," said Sarah Webb, partner at Russell Jones & Walker.

"Under the general law of negligence, damage caused by the escaping horse, including covering a mare, could be recovered from the owner if a lack of care on the owner's part was shown."

Claims under the act provide for strict liability for damage done by animals. According to Sarah, claimants must prove the animal has escaped and caused damage, by demonstrating the following:

• The damage is of a kind that the unrestrained animal was likely to cause and it was likely to be severe

• The damage was due to a characteristic of the animal not normally found in an animal of the same species

• The characteristic was not normally found, except in particular times/circumstances

• These characteristics were known to the keeper

"Equine insurance policies usually provide indemnity for accident, sickness and injury," added David Buckton, associate director of South Essex Insurance Brokers (SEIB).

"An accidental injury to an insured horse caused by another animal would generally be covered by such a policy.

"I see that the fence is the responsibility of the stallion owner. But, regardless of who is responsible for the fence, I would strongly recommend you put up your own fence of an adequate strength to protect your animals.

"Perhaps you and your neighbour could agree to share the cost? The stallion owner may have a public liability insurance policy, which you might get a payment from if it could be shown that the stallion owner was liable for any damage, as described by Sarah Webb.

"In this example, it would be far better to negotiate safe management of all the animals involved, rather than wait for an accident to happen," he said.

Information

Russell Jones & Walker, tel: 0207 837 2808 www.rjw.co.uk

SEIB, tel: 01708 850000 www.seib.co.uk

This article was first published in Horse & Hound (29 October, '09)
 
mellissa said:
Some things do happen for a reason, and you will have to await the birth of the illegitamate baby. But certainly seek qualified advice- from a proper equine solicitor.

Good luck
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Yup! A friend jokingly said it will probably be the best one we've ever bred .. fingers crossed :-)
 
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