who would be at fault

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bugbee717

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Your horse is on a livery yard, he has got out of his field, the field is not post and rail, just post and electric tape, it is on.

he has got out a number of times, yo knows this, each time you have got him back in the field or he has followed the yo who is putting hay in the field.

but

who is at fault if he gets out, he could and would get through a very broken hedge, this would lead to a housing estate and worse still a road.

he is not breaking the tape he is just able to get under it as he is 14.3 hh, he is very big and can push his way through pretty much anything, if he wants too.

This has not happenend. If it does not I will be very shocked. He is insured so I would covered for PL, but who is at fault me or the yo.

help and advice please.
 
I think technically your at fault if YO has taken reasonable care to put adequate fencing up. If the electric is on with more than one strand then its probably your responsibility. If your horse is the only one getting out you'll struggle to ask them to spend more on even more fencing.
 
You are I presume paying to keep your horse at livery. It is the YO who has to provide secure safe stock proof fencing. Electric tape is NOT stock proof enough to prevent horses escaping onto a public highway. The YO is aware of the problem as he/she knows your horse has escaped before and you need to remind him/her of that fact.
 
I had something like this at a yard I was at.

Two spooked horses ran down the field through a whole in the fence and ran over a main A rd one ended up in a ditch and the other was caught a further mile down the main rd firebrigade was out to resce the one stuck in the ditch.....

Yard owner was to blame as the perimiter was not secure it is up to the yard owner to ensure all horses kept in the land cannot gain access onto public roads....

Having said that though the yard only had electric tape too....we would add extra tape and poles to ensure our paddock was secure...

So I think in nthe first instance it would be up to you to add extra security to your paddock then after you ahve done all you can...the outer perimiter of the field.(beyond the paddock )would be the yard owners responsibility to ennsure any horses that do escape or spook etc cannot exit onto a rd and remain within the boundry of the yard.
 
YO but if he's clearly not doing anything about it or is not going to, then its your responsibility to ensure your horse is on livery yard that provides your individual horse with safe turnout, if not, then you need to think about moving him.

So both in my book.
 
You. I'm pretty sure...animal welfare act changed I think and you're [ie, the owner] now liable for ANY damage caused, even if it's escaped,etc,

Check it on the website for definate tho, or ring the bhs legal hotline.
 
I think technically, a member of the public injured by your loose horse escaping would have a claim (under the animals act) against you. You would meet this claim and then sue your yard owner for negligence/breach of contract.

So the answer is both!

Surely it wouldn't be too expensive for YO to add a second strand of electric tape???
 
You being the horse owner are responsible for the horse. So if the horse escapes its still down to you.

When i was at college they told us that it was the owner of the horse's responsibility to check that the fencing was safe and secure. I guess this would come under the same thing.
 
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