Who Is Responsible ?

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babybird

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Hi
Someone I know had a horse at a livery yard, but the yard owners colts got out and the horse is maybe in foal now. The horse's owner is getting the vet to check their horse, but who is responsible for the vet bill ?

The person doesn't think it's the first time the colts got out, because the fences are not good, but the colts owner is denying anything happened. They didn't even tell the liveries owners that their colts got out, another person at those stables saw the colts with the mares and told everybody else.

What if the colts did get out before, and the mare is maybe 5 or 6 months pregnant. Nobody knows for sure, because the colts owner won't tell anyone.
Everybody is really angry, and I think some have left. The person I know has left but they want to know who should be paying the vet bill for something that wasn't their fault.
Thanks.
 
I dont know the position legally, but it happened to me once.

Luckily someone told me what had happened and I got the vet out to inject her. I ended up with the bill as the YO refused to pay. He said he didn't know what the problem was, I would get a free foal :eek::eek:

I'm guessing I could have taken him to court but it really was not worth it.

However if I had not been told and the mare had been in foal it would have been different. Then I would have been looking at the mare being out of action for a long time. Vets bills for care for mare and foal and keep of the foal until it was weaned. In that case I would have been prepared to pursue it. It would have been a solicitors job then I am sure.

If your friend is a BHS member they have a legal helpline.
 
jrp204 said:
The colts owner is responsible.
Click to expand...

Ditto and outrageous.

I kept one of my CB fillies, 3YO at a local Highland Pony Stud. The owner got up one morning and found our filly in his garden with a HP stallion. He was sure she had been covered.

He offered me the option covering for free (jolly nice stallion) might even have been the recent Supreme M&M champion at HOYS!! or he would pay for the vet call out and jag. I opted for the latter.

I do not understand why an owner would not come clean and pay up for what is a small vet fee or lose their reputation and good will of clients.
 
Yes, the colt's owner is liable.

If I were her I'd try and get some of his tail hair and keep it in a sealed plastic bag... if the worst happens and the mare foals and your friend wants to persue the colts owner, a DNA test of the foal and the sire's tail hair will prove the colt is the father (as it sounds like the colt's owner will deny it all).
 
Thanks :)

I believe that there were 5 colts involved ! Not just a simple case of DNA testing one colt. The yard owner responsible needs to be made fully accountable for their actions (or lack of it).
Does anyone know if a court could order the yard owner, who owns the colts, to provide samples for DNA testing ?
My friend has said they will be taking legal action.
Thanks.
 
Our stallion got in once with some mares and one was a livery. We paid for the injection the following morning and waived her livery for a month too.
Accidents do happen and it's only fair to accept the blame.
I would get mane samples from all those colts making sure you have the follicle part or it won't work.
Probably way too late to do anything bar allow the mare to finish now but am sure legally the owner would be entitled to not only the livery bill but compensation for loss of use when pregnant if she is.
 
Thanks everyone.
The mare is going to be scanned by a highly experienced equine repro vet.
If she is in foal, at least then her owner will know how far on she is.
I'm actually disgusted that someone who owns colts hasn't told liveries with mares that the colts got out.
Fingers crossed for my friend's young mare, who is 2 hands smaller than the colts expected heights at maturity.
 
Okay folks, this is MY 3 year old New Forest filly. My vet is coming out tomorrow afternoon (Thursday) to scan her. Recent changes to the size and shape of her belly suggest that she IS pregnant, and could be too far on to abort it. The scan tomorrow will give me a definite answer, and I will do what's best for my filly depending on the outcome of her scan.
Thanks everyone for your replies, and thanks babybird for asking. :)
I will update here when I know the outcome of my filly's scan.
 
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