I'm very sorry to hear your news, you are obviously distraught about it but can I just ask why/how he fell into the ditch in the first place? How wide/deep is the ditch? I know it sounds a stupid question but a horse doesn't normally fall into a ditch if it can help it; if it was having a frilly round then it should have seen the ditch and jumped it I would have thought. I'm sorry if it seems insensitive but it is something that would be asked if you took this further.
QR
The farmer takes money from you each week/month, do you have receipts? As the landowner, he is equally responsible in law for the welfare of any equine on his land, i.e. fencing, etc. The Equine Welfare Act which came into force last year deemed yard owners (or anyone taking money for stabling/grazing) equally as responsible as the horse owner for its welfare.
Having been in a similar situation in the past, I chose to take no action as my boy could not be replaced. By chosing to do this I believe I saved myself alot of grief. When you lose a horse in such a manner it is understandable that you need to blame, and receive recompense, however it will only prolong your agony and will not give you any satisfaction.
Sending you lots of positive healing vibes ... Im so sorry.
Hi Bex it is going to be very difficult for you to get any financial agreement from him. As you have no agreement - then he may say that lathough renting you the grazing, it was up to you to keep the fencing secure, if this is the case then you would have been responcible for ensuring the trench/ditch was fenced off- especially if the landowners workers do not have any animal knowledge.
I'm really sorry to hear about your horse and my thoughts are with you at this sad time.
I can't give you any legal advice but it is only natural to be angry at this terrible time and to want someone to pay for such a pointless accident. However, as others have pointed out, sadly it won't bring your horse back. Of course you are angry and want someone to take responsibility but take time to grieve for your friend before you make a decision. You do not need the additional stress at this time.
i would be careful about taking legal advice from forums, it is easy for people to have the best intentions but give misleading advice and sometimes false hope of being able to take a claim further. I agree with what someone else has said, take time to grieve and then review what action you may want to take. Citizens Advice would be a good place to start and if not then speak to a solicitor, but they may advise that as your horse was not worth a great deal in monetary terms, the cost of making a claim may be disproportionate. So sorry for your loss though, sending you lots of hugs x
Thanks for all your kind words. I've taken everyones advice on board. I'm not going to do anything just yet. The land owner is away on hols and so I haven't heard his opinion. I may just try to get them to assist me with the vets bill and disposal costs.
[ QUOTE ]
Thanks for all your kind words. I've taken everyones advice on board. I'm not going to do anything just yet. The land owner is away on hols and so I haven't heard his opinion. I may just try to get them to assist me with the vets bill and disposal costs.
[/ QUOTE ] stupid question where did you get her disposal from?