should I make her pay my bill? advice needed asap

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denise long

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Hi everyone I have a dilemma. Last monday. Nearly 2 wweks ago. A livery on the yards horse kept getting out and breaking through fencing to get in with my gelding. After 14 attempts to keep it in its own paddock and the livery not bothering to come sort her horse out after 8 hours of calls and txts of myself and others on the yard she was asked to leave. However. While her horse was trashing 100s of pounds in fencing to get in with mine and others she kicked my gelding on his hind leg. Which immediately swelled and is still very lame. I had no choice to call the vet today as there is little improvement after almost 2 weeks. Now I have a vet bill. Well excess of 120 to pay. Question. Would you send her the bill of it was you? Im really p****d off. And dont think its fair. Also her horse got in with another livery on the yard and bit tje mares neck which needed Vets attention. Anyone who can give me advice? Thank you all x
 
Oh blimey that's awful ! What does the YO say ? I don't know the answer to this one, will watch and learn. ((((((((((((((((( vibes ))))))))))))) for the horses.

ps, I would go absolutely spitting mad if this happened to my lad.
 
Whatever the rights and wrongs of what happened I don't see how you can "make" her pay your bill and if she's had to leave the yard over this I very much doubt she will.
 
Realistically horses will be horses regardless of the hurt, upset and downright inconvenience their behaviour causes us so the chances of her paying your vets bill is nil I'm afraid.

Was it electric tape/rope she trashed? Or was it strong permanent fencing like post and rail or wire fencing?
 
Christmas Kia said:
Realistically horses will be horses regardless of the hurt, upset and downright inconvenience their behaviour causes us so the chances of her paying your vets bill is nil I'm afraid.

Was it electric tape/rope she trashed? Or was it strong permanent fencing like post and rail or wire fencing?
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It was post and rail. She trashed 4 sets getting to mine and another getting to the mare. Had fence man out who originally did the fencing and hes quoted 420 to get it fixed
 
I am yo. She had contract. It wasnt the only reason she was asked to leave. But it was the straw tht broke the camel's back. Or whatever the saying is
 
If the horse kept getting out then YO should have asked them to leave sooner or provided safe area to turn her out in, or put her out when other horses were in. horses will be horses with regards to kicks and bites but repeatedly getting out and having injured a horse previously steps should have been put in place top keep everyone as safe as poss.

got out 14 times=put in stable
 
My little guy got hammered by a larger horse. Not nice :( But I saw the vet bill as my responsibility. Sadly horses do injure each other sometimes. Generally when we can least afford it too. I freaked and called my vet then and there, out of hours, crying down the phone and thinking I would lose my little guy. He recovered fully. I hope your gelding heals up well too :)

The former livery may be responsible for the costs of repairing the fencing, but it will really depend on her livery contract.
 
14 times in one day. Had tried to stable but after she kicked a big hole in the side and tried to jump the door she had to be let out. Stabling all is not possible as only 5 stables. Its 24 hour turn out with stables for when needed. She. The livery had been spoken to about the horse getting out before. And owner did nothing. So the day I had to hold her horse for 8 hours from first contacting her to her actually turning up at the yard I was pretty annoyed. All safety that could be possibly done was done. Thats why she had to leave. And I and a livery had injured horses I have a trashed yard.
 
denise long said:
14 times in one day. Had tried to stable but after she kicked a big hole in the side and tried to jump the door she had to be let out. Stabling all is not possible as only 5 stables. Its 24 hour turn out with stables for when needed. She. The livery had been spoken to about the horse getting out before. And owner did nothing. So the day I had to hold her horse for 8 hours from first contacting her to her actually turning up at the yard I was pretty annoyed. All safety that could be possibly done was done. Thats why she had to leave. And I and a livery had injured horses I have a trashed yard.
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yep 14 times in one day=put in stable, cross tie if needed, so she can see others, what does it say in contract? who is responsible for fencing etc? and what does contract say about excessive damage to stables, fencing etc?
 
And she had a livery contract which stated she is responsible for her horse at all times. And if fencing is broken damaged beyond repair she is responsible for paying to replace. That isnt the issue tho as im already speaking to a solicitor about this. You expect horses to be horses ect. But when you have 100s of pounds of damage and liveries coming to you angry and upset there horse is injured. Not to mention your own. And the owner is sat at home because like every other day she cant be bothered to come and sort her horse out
 
denise long said:
She was tied in stable when she tried to jump the door
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shut the top door, put a bar up or cross tie. unfortunatley dealing with this sort of stuff is part of being a YO, you need to check the wording of the contract you have had a man out to quote to 'repair' the fending, so damaged 'beyond repair' may not be relevant.

unless you live in the field and the stable alongside your horse how can you be responsible for it at all times?
 
Also just need to point out. Im not a ridding school ect. Its a basic yard. I also work a full time job. So its not like I have the time to be stood dealing with her horse. Or other liveries jobs who were there before I was and had put her back a few times and tried different things.
 
denise long said:
Also just need to point out. Im not a ridding school ect. Its a basic yard. I also work a full time job. So its not like I have the time to be stood dealing with her horse. Or other liveries jobs who were there before I was and had put her back a few times and tried different things.
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as a yard owner the ultimate responsibility for a problem on your yard lies with you no one else
 
Twiggy2. Everything that could have been done was done. We dont have top doors on the stables. Its a basic yard. 5 stables. 10 acres. And a field shelter in each paddock. Yes as we hoped it could b fixed without too much cost. But he gave me that quote. Im not an idiot I no an owner can not be there every second of everyday. My contract says. The owner is respinsible for his or het horse. Eg insurance. Worming ect ect. It goes on to say. It is the owners responsibility to feed make sure horse has adequate water hay ect. Respinsible for damages to fencing. If fencing is broken yo must be informed asap. If fencing is broken livery will be required to pay 50% toward to repairs. Upto the cost of 200 pounds. And 100% of the cost over 200 pounds. Along with other terms
 
The point twiggy is making is that as YO you are responsible for the animals on your land regardless of whether the owner is there or not. You say you work a job therefore cannot stand for eight hours for a horse? Well what if a horse colicked on your land and owner wasn't about or away on business etc? You would have to keep an eye on that animal yes?

Ok bit off topic but the responsibility for the animals on your land rests with you if you are running a livery business.

I've never seen a livery contract where you are responsible for damages your horse makes, does that therefore mean if something on your yard/land damages a horse your responsible? Just a thought.
 
denise long said:
Twiggy2. Everything that could have been done was done. We dont have top doors on the stables. Its a basic yard. 5 stables. 10 acres. And a field shelter in each paddock. Yes as we hoped it could b fixed without too much cost. But he gave me that quote. Im not an idiot I no an owner can not be there every second of everyday. My contract says. The owner is respinsible for his or het horse. Eg insurance. Worming ect ect. It goes on to say. It is the owners responsibility to feed make sure horse has adequate water hay ect. Respinsible for damages to fencing. If fencing is broken yo must be informed asap. If fencing is broken livery will be required to pay 50% toward to repairs. Upto the cost of 200 pounds. And 100% of the cost over 200 pounds. Along with other terms
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you need to read back over your previous posts as I had only replied in response to what was in them.
was horse breaking out due to lack of food/water?
 
I used to have in my contracts for liveries a clause regarding excessive damage to fencing or stable, going beyond reasonable wear & tear.
I've only applied it once in over 30yrs, and the owner paid up immediately.

Have never got vet bills paid tho, horses are horses unfortunately...........
 
I had a similar situation. My horse was turned out next to a horse that following colic surgery was in a small pen, for a few days before my horses accident the horse, un be known to me had escaped from the pen on several occasions but had been spotted And bought on, on this occasion, no one spotted her, she got out again as no one had sorted the fence of her pen out, got along side my geldings and ran them ragged, the end result was my best horse being kicked and fracturing his radius, three months cross tied, six. Months box rest and 5 k later we were better. I complained about it to the yard owner and was told if I wasn't happy I could leave!
 
DL - One of my horses was badly injured due to another horse breaking through fencing and court ruled YO to settle costs - cant remember the detail but you are effectively taking money for a service and your have a responsibility of care. ( something like that ) Just to add my contract stated Yard not responsible for XYZ but they said it was not enforceable.
 
Meandtheboys said:
DL - One of my horses was badly injured due to another horse breaking through fencing and court ruled YO to settle costs - cant remember the detail but you are effectively taking money for a service and your have a responsibility of care. ( something like that ) Just to add my contract stated Yard not responsible for XYZ but they said it was not enforceable.
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And did you get any money?
 
As a YO with your responsibilities to those in your care whether you see it like that or not ,do you not have insurance in place to cover this situation? Your mad if you dont as ultimately you are responsible for any outcome as you are supplying a service with a duty of care.As far as the law is concerned you are just as responsible for DIYs as full liveries.
 
YO - that horse probably needed a vet to check it and possibly sedate it that day. If only to protect the other liveries. In your position, I would have done that after the third break out.

My first riding pony actually had his hind leg kicked right off (hanging by skin and sinews) by a bully mare - sprayed in blood right over her back end. The horse was a known nasty cow, and I will never forget that. i was too young to understand the danger.
 
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