Who is Responsible?

[moon_drop]

Who is Responsible for a colt if it injuries or even covers one of my mares?

A colt turned up at our yard five 5wks ago, it and its owner have caused problem after problem. Its owner a 19yr girl that has no idea about how to care for a hamster never mind a colt!!!! she has had him in for the past 4wks (whole other story) now she has put him out 24/7. I said to her that I'd fenced my 4 off and that she could keep her colt in the fenced off area, I also said to her that she must keep him away from my mares!!!
Fast forward to last thursday I came home from work to find it in my side of the field with my mares and my poor Shetland lying down (turned out it mounted him and hurt his back)
Have had my 4 in all weekend as mares are know in season and Shetland is on box rest.

So who is Responsible?

 

[Toady]

Do you know if it was the girl who put the colt in the area along with your ponies? I was just thinking this incase someone else did it.

If it was the girl herself then I would think she would be responisble if she was told not to put her colt anywhere near your ponies.

Poor shetland hope he gets better soon.

 

[CBFan]

I would say the owner of the colt needs to get a grip and learn how to deal with it responsibly. i.e. fence it in appropriately and idealy have its knackers off! It shouldn't be kept just the other side of a leccy fence to mares... thats just not fair.

with regards to injuries, to extent I'd say 'horses are horses' but if it became an on-going problem I'd make sure the owner of the colt took responsibility.

 

[fatpiggy]

Certainly not yours, I'm sure, but under the circumstances I'd be having a very strong word with the yard owner/manager who has knowingly allowed a colt on in the first place. Most yards won't have them, end of. No doubt the silly young owner has "dreams" of riding a stallion. Now you know why it used to be the law that you had to have a licence to have a stallion under the Dangerous Animals Act.

 

[moon_drop]

Thanks everyone

Have been to yard owner who is a farmer and I had to explain what a colt was!!! so no help but he did say I could put a proper fence with wooden posts. i've just come back from buying posts, am not overly happy that I've had to fork out to keep her horse fenced off but hay ho if it keeps mine safe!

Yes its hers I spoke to her and her mother last week about it going out and they said they understood it couldn't go out when the mares are out. With the understanding that it went out when mine are in until she can keep it in. This never happen as I found it out on thursday.

I know horses will be horses mine are just as likely to turn round and kick it! but its the fact it could cover my mares.

 

[fatpiggy]

You will have to make your fence very high and very strong. Many years ago my family cheerfully watched a nice arab stallion jump a 5 foot wall with a steep drop on the landing side in order to roger our neighbour's mare. Luckily with all the running around afterwards (mare couldn't be caught as the stallion charged anyone trying to get in the field) nothing stuck so no resulting foal. It would have been a very good quality one mind, but the mare was in her early 20s and a maiden mare. My own mare and her field companion were both mounted by a known pony rig. Luckily they got away with just cuts down their back legs and the owner of the rig was told to get it out of the field.

Unfortunately your YO sounds like a typical farmer who is diversifying and is happy to take the rent money without having a clue about horses and their needs. Not the ideal situation.

 

[spike123]

I would be having strong words with the colt owner and explain to them the legal implications of owning a colt. If the colt escapes and gets in with mares and covers them they would be liable for any resulting vets bills or problems during foaling.

 

[Godknows]

I would think the yard owner has some responibility putting a colt at the side of mares as they have a duty of care!! The girl may also have to pay your vet bills or the yard owner.

 

[Pearlsasinger]

I'd be having stron words with both colt owner and farmer. I'd also be taking the cost of the fencing out of my livery money.
As said above, you will need to have a VERY high fence (and preferably an empty field) between your horses and the colt. Some numpty (to put it as kindly as possible) neighbours bought a 4yr old colt and put it in a field next to another neighbour's gelding. It jumped over a stone wall topped with barbed wire and sheep wire to get to the gelding, which it chased round and round until the 5 humans who fortunately saw what was happening, managed to separate them. Our mares were also in an adjoining field. We think it decided to get rid of the opposition first. Fortunately they were prevailed upon to have it gelded.

 

[Janah]

If you are a member of BHS call the helpline.

Jane

 

[Alexart]

I would get the vet out to your mares - if it was in with them, get them all jabbed to make sure they are not in foal and send the bill to the owner of the colt - unfortunately money is often the only way of getting through to dimwits like these. Legally the colt is her responsibility and therefore the fencing etc is up to her, not you, if the yard owner is unwilling to do anything - although technically I would have thought if he has allowed a colt onto his yard it is up to the landowner/yard owner to provide suitable stallion fencing. You will need 2 rows of 6 foot fencing with a gap of at least 20 feet between the the two, to try and stop it jumping them, as it has already jumped the fence it will continue to do it. Tell her either it needs gelding or she will have to pay for the fencing, or you will take up the matter with a solicitor - the risk of injury to her colt as well as your mares is high, so tell her she needs stallion insurance to cover any costs it incurs on others horses and to property - that may wake her up!!!

 

[moon_drop]

When I spoke to her and her mother last week I thought I'd gotten my point a cross! He is only 9 months old and he is getting cut in the next month they told me. I now don't know if I should believe them.

Your right about the farmer happy about making easy money and not having a clue but we've been there 12yrs with the understanding We know about horses he knows about cows LOL
I am going to speak to him again this time am not going to hold back.

Fence will be 4ft if he comes through the fence then I'll be on the farmers door and he can deal with him!!

Am not a member of the BHS but someone said give WHW or DEfra a call as they will know the legal side of it.

It really is case a little girl with a pet and its going to end in tears. Poor horse.
Thanks everyone

 

[Tinypony]

A colt can cover mares at 9 months old. There will also be the vet bill for your shettie. As the others have said, normal fencing will not solve this problem.

 

[KrujaaLass]

I had this problem, but it was the yard owner who put a 14 month old colt in the field with my two mares, after taking hers out. The annoying thing was the colt had lived with a gelding all its life and she also had 3 empty fields. As for getting money out of people for vets fees I think you could have problems. I had to leave.

 

[Rosehip]

We have a 2 yr, rising 3 yr old entire on the yard (I work there but dont have my girls there). to be fair he is a good boy at the moment and the 5ft fence with mains overhangs keeps him well away and the mares safe, but he could easily clear the fence at any time...Its an accident waiting to happen..I wouldnt be happy having a mare anywhere near a colt or stillion unless it was at stud, or there was decent fencing.
Tell you YO that the colt being near/getiing in with your mares and shettie is like a Blonde bull getting in with dexter heifers...that'l make more sense to him!
Send the shetties vet bill to the colts owners and insist that he is kept well away for you and your ponies until at least 2/3 weeks after herr is gelded - next month isnt ideal as there will be so may flies about to create infection - best for them to do it now.

 

[ofcourseyoucan]

farmers have a legal obligation to fence their stock in (whether they own the boundary fence or not) owners have an obligation to keep their stock in their own fields. however being as you are a livery (ie paying rent to keep your horses on landownwers land) the landowner has the responsibility of fencing the stock. if your horses get out or the colt gets out the landowner is responsible! has your farmer got equine insurance? 3c liability? etc. he should have made conditions with the colts owners before taking them on as paying clients. you are paying for facilities and so are they! if the facilities(ie fencing) dont come up to the needs req then the landowner is responsible. but colts will jump and run through fencing as the urges overcome them ans spring is in the air. so 3 choices really
1 move your girls to somewhere safe
2 insist that colt is gelded and kept in isolation for at least 8 weeks til his hormones settle
3 ask that the colt is removed from the premises!
i quite happily take colts/stallions in livery providing that
1 they are well handles and mannered
2 that the owners are aware that turnout will be restricted and additional exercise is necessary
3 if they cause a problem with either horses or other owners that they will have to get alternative accommodation PDQ

 

[ofcourseyoucan]

also if any of your mares have been covered accidently, and also the injury to your shetland should be claimable back off the colts third party insurance (who will then probably counter claim against your yard owner for inadequate fencing!) be prepared to lose friends and yard if you end up having to go down the legal route! assumming the owners of the 9 month old colt have it insured!.