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

Mule

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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 :rolleyes:

Look at making your fencing 'stallion proof' or 'escaped mare proof' and chalk it up to experience
Aye, it's like with humans; the stallion can have his fun and bugger off and the mare is left with the responsibility :p
 

cundlegreen

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This precisely why my stallion is stabled every night. Even at 22, he will get over or through any barrier if a mare is in season and in the vicinity. A course of prostaglandin injections should sort out the problem if the mare owner doesn't want a new arrival. There is more onus on you to keep a stallion confined whether he's used for breeding or not.
 

Snowfilly

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I can't imagine what you're getting at! Mare got out, your stallion got out, equal responsibility and be glad it was a covering, not a leg breaking kick or similar.

You'll have no rights to the foal, and you can't oblige them to get the mare jabbed.
 

Goldenstar

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Can we request that the pregnancy does not continue?

You can request anything you like the owner of the mare can tell you to jog on if they choose .
The mare was out the stallion was out it comes u dear stuff happens .
 

Red-1

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I see it as the stallion's owner has a higher degree of responsibility. IMO it is more likely that the stallion broke out and broke into the mare's field. Both then ended up somewhere else. In that case you are lucky that the mare's owner does not sound like they are claiming costs.

Levrier, you won the internet with that comment :p
 

oldie48

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Blimey, this rang a few bells with me with regard to Rose and the stallion across the lane. Stallion's owner, when tackled about the insecure gate etc, said he wouldn't charge me a stud fee if he got out and served Rose successfully. Bloody cheek of it! So Rose won't be out at night, won't be in the field nearest to the stallion when she's in season and is the furthest away I can manage behind 2 lots of electric fencing on the mains when she is in season. It is an absolute pita.
 

9tails

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Blimey, this rang a few bells with me with regard to Rose and the stallion across the lane. Stallion's owner, when tackled about the insecure gate etc, said he wouldn't charge me a stud fee if he got out and served Rose successfully.


Worra bargain! :D
 

Pearlsasinger

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Blimey, this rang a few bells with me with regard to Rose and the stallion across the lane. Stallion's owner, when tackled about the insecure gate etc, said he wouldn't charge me a stud fee if he got out and served Rose successfully. Bloody cheek of it! So Rose won't be out at night, won't be in the field nearest to the stallion when she's in season and is the furthest away I can manage behind 2 lots of electric fencing on the mains when she is in season. It is an absolute pita.


Well, of course, your answer to that should have been 'But I *will* charge you the vet fees if I have to terminate a pregnancy'!
 

tristar

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i have often seen mares get out go to the stallion and while screaming and striking out bring the fence down and get in with the stallion.
 

oldie48

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i have often seen mares get out go to the stallion and while screaming and striking out bring the fence down and get in with the stallion.
Yeah well, I've known horses and ponies get out of fields regardless of the presence of a stallion, however, to date, none of mine ever have! Different case with the stallion across the lane, he's got out on a number of occasions!
 

tristar

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Yeah well, I've known horses and ponies get out of fields regardless of the presence of a stallion, however, to date, none of mine ever have! Different case with the stallion across the lane, he's got out on a number of occasions!
i say this as a stallion owner of many years, and in this case it is not clear which got out out first, stallion or mare, but it illustrates the potential of different possibilities for us to be aware of, i am am equally cautious with both stallion and mare where both are present.
 

milliepops

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Doubtless horses can get out of fields and do at various times.

I think the point here is that if o48s mare is minding her own business in her field, and the stallion escapes his field and gets into hers, then it's quite clear who would be at fault o_O which is different to the scenario in the OP which just seems like a really muddled account of events.
 

Clava

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You are legally required to contain your stock from accessing others people land and causing damage. You don't say if the stallion was still on your land when the incident happened.
 

scats

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I was in the hairdressers a couple of years ago and there was a lady next to me with a broken leg. We got chatting and it turned out she was in her field seeing to her horses when a loose stallion came thundering down the lane, jumped in to her field and proceeded to attack her gelding to get to her mare. The lady ended up in the middle of it and her leg was broken by one of the horses kicking her.
 

hopscotch bandit

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In respect of late gelding. My friend lost a horse that was gelded late (he was eight at the time). He was 14 and suffered a heart attack and died almost instantaneously.

Her vet said that horses that are gelded late have a slightly higher risk of heart attack than those gelded young. Also suggested that it was quite common in horses who had good breeding and had therefore covered a lot of mares which obviously isn't in the OP's case.

I don't know what the legal ramifications are of who has the right 'over the foal' but I would have thought the person picking up the costs of looking after the mare whilst in foal and any fees in relation to a vet attending the birth would have more of a right, particuarly as they will need to house the foal until its at least 6 months, but preferably 8 or 9 months of age before it can be separated from the mare. Maybe legal advice is the best way to go.
 
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