Who would be liable?YO or owner

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TequilaMist

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Hypothetical question at the moment but may become reality in next month or so.
Horse A has difficulty settling into herds usually aggresive.First time it came off worse.Went in a different field with only 2 other ponies appears settled then kicked a new one(horse) that was introduced horse removed required vet and staplesto cut.Showed similiar aggressive tendencies when another little pony introduced.That pony was removed and put in another field.So that's 3 seperate occasions it shown sometimes extreme aggression to other horses.
If put in field with my mare where do I stand.Have told YO don't want it in with my mare other liveries in field feel same but can't see where else it can go as only going to be one mares field.
Don't get me wrong horses kick and things happen, pony we had had splint bone broken in field by kick from another horse,knew which horse but as said accept there are certain risks with horses.
Have also owned an agressive horse but I put her in a field on its own with one of my other ones so am not unsympathetic with owner but am unwilling to accept this known risk.
So what to do?
 
I would keep my horse in if I had to, so that there was no risk of it being in a field with a potentially aggressive one. I have known of horses with legs shattered due to aggressive horses. Not worth it. So on first day of new arrangement, keep horse in. See what happens with this problem, and if necessary move yards.
 
YO agreed but YO didn't think this horse was moving to new yard but turns out it might be.
I do intend to go see YO to clarify and whilst understand dilemma say that I will be looking for someone to hold liable IF horse A goes into field and my horse gets injured.Know some of other liveries feel same.
Not too bothered at moment as its a month away but also need to know what my options are.
And wondered who would be liable -if anyone.
 
I think they need to sort out a field for that horse on its own as it is clearly a danger to other horses. They are the minority as there are more of you who dont want it in the field. You need to get YO to tell this person this, and if they refuse to do anything.........put a combination padlock on the gate and dont give the owner the code.

Why should others have to keep their horses in because of 1 dangerous one. YO has a duty of care to their liveries. So if this horse has proved to be dangerous, they should keep it from hurting other horses or ask them to leave. As what if a human gets in the way of it when its going for another horse?
 
Stick to your guns and continue to let the YO know you don't want this horse in with yours. At a friends livery yard, one of the clients put his horse in with his partners horse which promptly broke his horse's foreleg and had to be pts. It's an accident waiting to happen.
 
Currently the owner is strictly liable for injury if it was reasonably forseeable - even if another party such as the YO in effect caused the injury by allowing turn out; or you contributed to it by not keeping your mare in. This is why our liability insurance has gone up so much!

But under common law the YO also has a duty of care to those paying for services and that includes a duty to take reasonable care for the animals in her charge. By knowingly putting an agressive horse out in a field group they could be said to be abrogating that duty.

Both these claims would be civil action which really means that unless you have sufficient legal insurance, and indeed unless the other party has liability insurance, the claim will not be worth pursuing. Legal fees will run into the thousands if not in fact hundreds of thousands. The loosing party will have to pay the winning party's costs. Plus you cannot win damages if the other person cannot pay them. realistically unless any incident could be settled between insurers the costs far outweight the benefits and the only winners are the lawyers.

Knew there was a reason I became one.....
 
its a hard one really, but as this horse has been introduced to 3 separate lots of horses and has injured one each time i would as a yo be turning this horse out on its own, mainly to keep my existing customers happy. your yo could bill the livery extra for individual turnout. has your yo got 3 c care? and full public liability cover? if in the worst scenario your horse got injured you may have a case as this horse has injured 3 others previously on the same yard and the yo hasnt taken further precautions to prevent this. however dont take this as black and white, nothing ever is. i would however express your concerns vocally and in writing, you would need evidence to make any claim of negligence stand up in court. i as a yo would keep my exisiting customers happy and put this potentially aggressive horse in a paddock on its own.
 
so by not keeping my horse in I contribute to it!lol !
Well as they say the law's an ass!!
Mind you could get ALL the other liveries in field to stay in and horse won't be a prob for long! It's a field of 5/6 acres of lush clean grazing! joking!!!
 
I would absolutely not have this horse put in with mine. I have had a circumstance similar, at old yard. Was phoned by another livery who I shared a field with (each livery had own fields, this was outr own arrangement to rotate our fields) she said YO was putting new horse in our field. I immediately phoned YO (Ihad an elderly horse injury prone, and tiny pony at the time) and made it very clear that I pay livery for two stables and tow small paddocks, for my sole use and I did not want this horse (16.3 4 yr old gelding) in with mine. End of.

After I left work I went to look at another yard and moved two wweekd later. I no longer trusted YO she was putting the horse in my field until friend told me.

Two weeks later, heard that said new horse got put in with another livery, 12.2 welsh sec B mare, kicked it, broke leg, pts.

I would not be waiting to see what happens if/when horse is put inwith yours. There is such a thing as electric fencing to make it a field of its own.

Put it in writing and move if no joy.
 
Just to add, I would not one of mine to be out with other peoples horses. I don't even put him out with my others. He does and will kick.
 
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