What do you think??

Absolutely. That's what we have insurance for as well.

Put it this way, if someone else's horse kicked my car and damaged it, I wouldn't expect to have to pay for the repairs myself.
 
That's what insurance is for, surely.
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It depends a lot on the circumstances. If it was a case that they had left something within my horse's reach or their actions had caused my horse to damage their property then probably not. If it was an accident or my horse being a plonker then I would offer - but if a car most likely I would claim on my insurance.
 
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Well the twist is that the horse was in his paddock at the time!!

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Think you are going to have to explain the situation! An old horse of mine tore anothers rug and I paid out for a new one - if that helps?!
 
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Okay - Here's one for you!! If your horse damaged someones property - ie car would you help pay towards the damages??

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Well, you would be legally obliged to, so yes
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that would then depend on whether the car was meant to be there in the first place.If they were trespassing then tough on them.Serves them right for taking a car where they shouldn't have been.If however they have used the field beforehand and with permission then it would be down to you to pay the damage.
 
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that would then depend on whether the car was meant to be there in the first place.If they were trespassing then tough on them.Serves them right for taking a car where they shouldn't have been.If however they have used the field beforehand and with permission then it would be down to you to pay the damage.

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I'm not sure you can go down the "tough on them" route.

We have sheds with pretty weak roofs on the farm. If someone ran across them and fell through we'd be liable (even with the warning signs around), regardless of them trespassing. Crazy world we live in.
 
Well you see the thing is the horse in question 'cribbed' on three cars in one session!! Obviously decided that the metal was tastier than the fence. Do you all think the horse owner is liable? She knew her horse cribbed!!
 
Hmmmm hard one! The cars shouldn't be within reaching distance really, but it is not the owners fault that they were - does the YO know the horse cribs and were the cars parked under her orders?
 
There sounds to be no contributory negligence. Yes, the horse owner is legally responsible (strictly liable) for the damage.
 
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He leant on the fence posts and managed to wriggle himself within reach.

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LOL! God bless a cribber on a mission. *thinks of Star*
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No this was a new horse to yard - not known to crib by yard owners. Cars were quite a way away from the fence too!! It's a tough one though isn't it! I think if it has been my horse I would have been mortified. I would have most definately helped with repairs - just wondered what you lot thought!!
 
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No this was a new horse to yard - not known to crib by yard owners. Cars were quite a way away from the fence too!! It's a tough one though isn't it! I think if it has been my horse I would have been mortified. I would have most definately helped with repairs - just wondered what you lot thought!!

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It matters not if the horse's owner/yard owner/car owner knew that the horse was a cribber. The fact is the current law regarding horses is that we are liable for any damage they do, no matter what; that is the nature of strict liability that comes with horse ownership.
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If the owner knew that the horse cribs then she absolutely should have informed the YO and yes, therefore she IS liable to any damage caused IMHO as there is no way the car owners or the YO could have used preventative measures.
 
Well the next thing to discuss is the fact that her insurance company say the horse is not covered for this incidence and therefore will not pay out. So the owner says they are not paying out either!! I have spoken to my insurance company for my horse and sure enough my horse would not have been covered for this either. It is certainly an interesting one!
 
Interesting, why is the horse not covered? Surely this comes under public liabilty - just as if the horse had sat on a car out hacking? Or kicked out and damaged someone's property?
 
Oh dear - that's not very promising then....

If they are refusing to pay out though it depends how much damage there is really as to whether it would be worth bothering going to court. It's a hell of a lot of hassle for £100 worth of spraying...
 
I don't know its something to do with the fact that the horse is in it's paddock. If she had been riding it or leading it at the time it would have been covered. I'm not 100% on the whys and whats on the insurance front!
 
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