Who is liable?

[PeterNatt]

I would suggest that far more will be sspent in legal fees than the claim is worth.
The entire fencing needs to be checked to avoid any future incidents and where required replaced with new fencing at the yard owners expense.

 

[Highmileagecob]

Think we have covered this in another recent post.
The land owner is fully responsible for straying livestock, but the owner of the animal is liable for any damage or injury caused. Without a witness, it is impossible to say whether the mare delivered the kick, or whether it was one of the geldings in the ensuing hooley.

 

[Abacus]

Think we have covered this in another recent post.
The land owner is fully responsible for straying livestock, but the owner of the animal is liable for any damage or injury caused. Without a witness, it is impossible to say whether the mare delivered the kick, or whether it was one of the geldings in the ensuing hooley.

But in this case what then is the landowner actually responsible FOR? - in terms of cost?

 

[Lois Lame]

I'm thinking in the case of a horse out on the road hitting a car, the horse owner would be responsible.

But the stated scenario is of a horse getting into another field which houses two horses. It is an unknown which horse delivered the kick. It really could have been either the mare or the other gelding.

 

[ifyousayso]

You can’t really put the blame on anyone. Since both owners of the horses knew the facing was doggy so they took a risk putting a horses in the field. You also don’t know did the gelding could have attack the mare first and the mare just retaliated. I don’t think anyone should be paying the vet bills, I think it’s cheeky for the gelding owner to expect compensation if you don’t have insurance than you have to have a decent amount of cash saved for a emergency vet bill. As for the yard owner the fence issue should have been addressed sooner but I think everyone to blame including the gelding owner.

 

[ycbm]

I would suggest that far more will be sspent in legal fees than the claim is worth.
The entire fencing needs to be checked to avoid any future incidents and where required replaced with new fencing at the yard owners expense.

The livery yard will probably close rather than pay for that. A simpler and economically viable alternative when liveries are allocated their own paddocks like this is for the livery to put up electric fencing.
.

 

[ycbm]

But in this case what then is the landowner actually responsible FOR? - in terms of cost?

What it says in the contract. If no contract, the yard manager, but getting them to replace it is another matter altogether. It's more likely the livery who will be replaced.
.

 

[Abacus]

What it says in the contract. If no contract, the fencing, but getting them to replace it is another matter altogether. It's more likely the livery who will be replaced.
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Seems strange though that they are responsible for the fencing but not for the consequences if it isn't fit for purpose resulting in an accident.

 

[FestiveG]

If anyone feels that the fencing at their livery yard is inadequate, then they have the option of leaving for a yard where the fencing is better. If there is an option of using your own electric fencing, then that is possibly a better option.

 

[ycbm]

Seems strange though that they are responsible for the fencing but not for the consequences if it isn't fit for purpose resulting in an accident.

It's not a question of whether they are responsible or not for damage to horses, but whether you can prove it. Horses often break through fences but won't normally cause injuries to the others.
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[Nasicus]

Unfortunately the owner of the kicked horse will just have to suck it up, you won't get anywhere trying to pursue the mares owner or the yard owner. Mare owner will say 'prove it was mine' and yard owner will say 'well you knew what it was like and still turned in there anyway'.
Sucks for sure, I've been in that position twice and just had to lump it.