Mare in foal due to negligence of mare’s owner - legal rights of the stallion owner

[Hug]

Hi all would appreciate your advice on the below serious incident. I am the owner of a stallion which i do not use for breeding and cannot be castrated due to age. A couple of nights ago i got called that my stallion was out of its paddock and was mounting a mare. This was the result of the negligence of the owner of the mare,who had a mare which was on heat in an unsecure paddock, despite our repeated warnings of the risk of her getting out. What happened is that the mare, along with another younger horse, got out of their paddock. The mare went towards the paddock of our stallion, which is at a safe distance, provoked it, possibly broke the fence and then the stallion got out. As a result, it is quite possible that the mare is in foal,which we will know for sure in a few weeks time.
Has anyone experienced a similar situation? What are my legal options in case the owner of the mare claims the foal? If we had to take the legal route can you please advice experts in the Uk that we can use?

Please note this is the sweetest stallion, very well behaved even when mares pass by. We have been in this yard for years and our stallion never caused an issue.

Thank you

 

[twiggy2]

Your stallion was not in its field nor was the mare, shit happens, both animals were out, who can say who's fault it was?

 

[Hug]

Your stallion was not in its field nor was the mare, shit happens, both animals were out, who can say who's fault it was?

But if the mare was confined safely in its paddock this would not have happened.

 

[AmyMay]

But if the mare was confined safely in its paddock this would not have happened.

Likewise your stallion.

They can always have the mare jabbed to end any pregnancy. But if they don’t go down this route you can always ask if you can both come to some agreement regarding the foal.

 

[Hug]

But if the mare was confined safely in its paddock this would not have happened.

Also it is not a matter of only assigning responsibility, but also what happens the foal.

 

[HeyMich]

Call the vet, give the horse equivalent of the morning after pill (can't remember the name) and split the bill. Simples 😉

 

[HeyMich]

Oh, and fix your respective fences.

 

[bonny]

I think if the pregnancy continues then the mares owners own the foal

 

[Pearlsasinger]

The foal will belong to the owner of the mare, what did you expect?

 

[ester]

jab the mare, everyone stop worrying about it.

 

[Hug]

Can we request that the pregnancy does not continue?

 

[ester]

well of course you can ask, that doesn't mean it will happen given that it would be veterinary treatment for a horse that you don't own.
Why are you so worried about what happens to the as yet non-existant foal? and considering legal options? Realistically it is the mare's owner that is taking all the risk if they continue?

 

[{138171}]

'Cant be gelded due to age' utter nonsense

 

[The Fuzzy Furry]

OP, you need to ask a legal expert. If you are a member, call the BHS legal line.

I've kept stallions in the past, not one has broken a fence tho one did jump the 6ft fence...
Others (mares and geldings) have got out due to human negligence, but still no broken down fences to get to entires. They (my entires)were never left out at night though except in winter when out together or with geldings.

I've also had a very mature stallion gelded at 15 tho it WAS done at Orspital not at home, he lived a very happy life.

Hope you sort it out. My take is: Your lad got out, you pay for mare to be sorted. Get your lad gelded.

 

[SusieT]

If your stallion was not in a mare proof fence (regardless of whether a parade of mares is being marched two feet from his fence all in heat) then you are also at fault. I would assume mare will deal with her costs and you will deal with yours and foal will belong to mares owner.

 

[Auslander]

What is your issue? Obviously the situation isn't ideal, but what happened happened. I don't understand what you want to achieve here

 

[Orangehorse]

'Cant be gelded due to age' utter nonsense

The older the stallion the bigger the operation. Older stallions do get gelded, but there are more risks than a young colt.

The general rule is that you fence in your own animals, but I have to agree that it isn't very easy to enforce.

 

[Parrotperson]

I think you'll find OP it's your responsibility to make sure your livestock don't break out whatever the circumstances. that said get the mare jabbed. pay the bill. it's not worth the worry.

 

[ycbm]

I don't understand the issue. Your stallion was not adequately contained in his paddock. He got out. Stallions are routinely 'provoked' by mares. Unless you owned the field that the mare broke into, then I can't see whose responsibility it is for your stallion breaking out of his own paddock than your own.

There is no good reason except cost not to castrate an older stallion. It happens every day.

 

[ycbm]

The older the stallion the bigger the operation. Older stallions do get gelded, but there are more risks than a young colt.

This isn't true except up to a point, is it? Vets prefer a GA on an older horse for safety reasons, but it's not more difficult to castrate a 6 year old under GA than a 16 year old under GA, is it?

Cost of a GA is a key reason why people choose not to castrate an older horse, I think. In which case, you need to double fence and keep your fingers crossed too.

 

[Peregrine Falcon]

A stallion should have suitable fencing to contain him. Mare owners should make sure their stock are kept at a distance and have decent fencing if on the same premises.

One of my fillies was covered by an escapee colt. My vet was coming to do a booster on another pony so I got her jabbed at the same time. The cost was minimal £20 but it put my mind at rest and prevented an unwanted pregnancy. I came to a suitable agreement with the colt's owner.

 

[JJS]

Legally, whether or not there is a foal is entirely down to the mare owner. You have no control over whether they decide to continue with a possible pregnancy, and no claim on any foal that might be born.

In terms of who’s responsible for the incident, both of your animals escaped, making you and the mare owner equally culpable.

 

[Bellaboo18]

'possibly broke the fence and then the stallion got out' or the stallion broke the fence, who knows?
The fence wasn't adequate full stop. I agree with others, you're both equally responsible and the mares owner should be able to decide the fate of the possible foal.

 

[meleeka]

I don’t you get to decide what the mares owners do with their animal. Why would you expect to?

 

[Equi]

As said you’re both culpable.

Up to the mare owner now to decide if she wants to get her jabbed or not. If she doesn’t and ends up with a foal then it’s her responsibility. She can’t come after you for vet fees as her mare broke out too.

Damn these horny animals.

 

[luckyoldme]

Can we request that the pregnancy does not continue?

Think this is more about the obvious animosity between yourself and the neighbours than anything horsey.

 

[LadySam]

Can we request that the pregnancy does not continue?

What does it matter to you whether the pregnancy continues or not? Genuinely curious.

 

[ihatework]

Equal responsibility.
Improve your fencing so this doesn’t happen again as next time you stallion could be at fault and you could incur reasonable costs from an unwanted pregnancy.
It’s now up to the mare owner to decide how to proceed, you have no say. But should probably sigh some relief if they don’t come after you for costs.
If your stallion is good/registered you obviously aren’t obliged to provide them with a covering certificate if they keep the foal and you might have some legit cause to request a covering fee if they do want papers.

Also bear in mind this mare presumably hasn’t had health tests. So if you do use your stallion to cover other horses you might want him tested.

 

[Clodagh]

I think this thread is funny, and akin to the son's girlfriend's Dad knocking on the door to say she is pregnant and who is at fault. I am sure it takes two to tango.

 

[Zero00000]

Both horses escaped, no-one was there to see what happened, maybe your stallion escaped first?

Your horse had a quick dip of his whip and walks away all proud of himself, you get to fix a broken fence - said mare ends up in foal and owner decides to go ahead, thats - vets visits, extra feed, stress and worry, possibility of extra cost for complications ect ect.. and you ask who can claim the foal

Look at making your fencing 'stallion proof' or 'escaped mare proof' and chalk it up to experience