Whose fault - ours, farriers or YO?

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kit279

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Farriers came today while OH and I were both at work, OH was in theatre and I forgot my phone so we had no way of knowing. Farriers left a couple of nail ends and some of the old filed off nails on the hard standing. YO knew the farriers had been, he usually nags them to pick up the nails but not today although he did see them come and knew they had been. Friend of YO drives over the hard standing and (apparently) gets a puncture.

YO would like for us to pay for new tyre which would normally be OK but they are 'special' tyres and are astronomically expensive. I could get a new saddle for the price..

A few issues - namely, YO won't show us the damaged tyre but would like cash in hand and he has been known to pull a fast one before.. We are also technically moving out in 10 days so I have my doubts about the whole thing... But bottom line, who is responsible?

Normally, I clear up after the farriers so this isn't a problem. But today I didn't have a chance to do so. YO knew about the nails but didn't bother to double check before his friend drove her very expensively at-tyred (sorry
tongue.gif
) car over them. Or is it the farriers fault?!

My personal opinion is that it is not really anyone's fault but since I have my doubts about the veracity of the incident, I would like to get a general opinion as to who should pay up.
 
Definitely not the farriers fault, i would tell yo that unless you get to see the tyre that you will not be paying for a new one. Although i dont really think you should have to anyway. I dont believe that it got a puncture you should see some of the mental surfaces and crazy tracks i drive my postie van over and i havent had a puncture in 2 years. the yo is maybe just trying to prove a point in a ridiculous and mean way. best of luck x
 
It was that old fashioned thing called an accident. If your horse had a punctured sole - would you send the YO a vets bill? Probably not - you would accept that sh1t happens sometimes.....
If you were not there to sweep up it cannot be your "fault".
Of course farriers should clear up - but I bet the YO won't bill him. It was no ones fault. Tell him to put it where the sun don't shine
Sounds like he is trying to get the last bit of cash out of you and I would not pay up at all... Also it seems unlikely a farriers nail would cause a puncture on a big tough expensive tyre???
 
I would say it is the YO responsibility to keep yard 'safe' .Prehaps ask YO to check his public liability insurance (if he has any ! )
Seems a little fishy to me .
 
I usually arrange the farriers on the Monday and they normally come on Thursday but apparently they were passing our yard today and thought they'd stop off and shoe them while they were there - got them out of the field and everything, bless them. They phoned (lots) but I left my phone at home (curses!!!) and didn't know anything about it until I got home.
 
Agree with the above. Not your fault as you weren't there and def not farriers fault as they are not there to sweep up the yard afterwards. I think it is just one of those things, but YO should really be there to make sure the yard is safe.
 
That's the stupid part - he leaves nails and scrap metal around ALL the time from his building works and I just absolutely comb the ground beforehand to stop the horses treading on them. He absolutely would not pay my vet bill if my horse trod on a nail..! I wouldn't even bother asking.
 
Not yours. You weren't even there I don't see how it can possibly be your responsibility.

I'd say it was just one of those things, if blame had to be laid I'd direct responsibility on to the YO, he knew the Farrier had been, he knew that there may have been, would likely be nails there, so I'd say, sorry, No way matey. The injury to the tyre could have been caused anywhere really, unless they found the offending nail embedded, and it is such a tiny thing would it really have done that much damage?

I'd also want to see the tyre for a start and surely, can it not be repaired rather than replaced.

Awkward.
 
I think he is trying to pull a fast one! If someone had driven over a nail surely it would be a slow puncture? How could he prove that it was a nail that the farrier had left?

Dont let him in to bully you into paying anything! I agree that it is his responsibility as a YO to make sure yard is safe.

Hope you get it sorted - sounds like moving out it a very good thing for you.
 
No tyre - means no evidence, and agree, you are not liable anyway..btw - if YO is fond of leaving items around, you could challenge him as to how he can be so sure it wasnt one of his nails that did the damage!!
 
Ewww, this guy is getting more frustrating by the month!! Glad to hear that you are moving out soon!
Its not anyone's fault. Just stand your ground and don't pay! He hasn't got a leg to stand on...
 
Sounds like it was just an accident and no one to blame. If anyone is responsible though, it can't be you, you were not there and did not leave the nails there.

Sounds highly dodgy to me...
 
Do not pay for the new tyre. The friend came onto the yard "at their own risk" just like everyone else who comes onto this yard. Too bad they ran over some nails but it is not your responsibility to pay for the new tyre.
 
absolutely not your fault, you weren't even there.
YO's fault imho... i go around after the farrier as he works with a very strong magnet and grab all the sharp bits off the ends of the nails.
fwiw i've got this one
http://cgi.ebay.co.uk/Strong-N42-Neodymi...=item2ea5cd6fe5
and tied a piece of baler twine around it, so can just swing it across the bedding/floor to pick up the nails ends.
lazy YO should pay for tyres.
 
Farrier should really clean up his own work mess like any other tradesman, think it should be claimed on farriers public liability, then YO has to go all legit through insurance etc which might put him off if it's a fiddle, BUT, being as yard owner runs yard as a business then his "friend" should claim of yard owners public liability, it's his bloody yard.
I am always there for my farrier and do sweep up for him as he is a good chap does a good job so I dont mind doing it, but I would say technically it's really his job to clean up.
 
Definitely not yours - don't pay for a new tyre. Tell them to just get the puncture repaired it won't cost them so much!
 
It is highly unlikely that anything a farrier left will puncture a tyre. Don't pay.
 
Not your fault. Dont pay. Your leaving in 10 days anyway. I wouldnt say its the farriers fault either as I dont think they should be expected to sweep up. What is he possibly going to do if you dont pay? No point kicking you off the yard if your leaving anyway.
 
Don't pay, I smell a rat here, how can you be responsible when you were not even there. In my experience a farrier's nail leftovers are not sharp enough to cause damage to a tyre, all a bit suspicious!
 
I would tell yo to take it up with farrier! Perhaps warn farrier to be unavailable until after you have moved and then let him tell YO where to stick his bill! Bloody idiot! Sounds like he is just trying it on anyway but how could it possible be your fault when you were not even there.
 
yo is responsible as it is their yard and their friends who got the puncture. u weren't there to clear up so yo should have. don't pay it.
 
Its an accident, just one of those things but its Def not your fault, you werent even there.
I think the YO is trying it on but if they insist I suppose really its the farriers for leaving the nails arround but then the YO should make sure the yard is safe. I bet if you mention 3rd party liability they shut up quick. I thought my hubbys tyres were dear at £120 pound each but I know nothing about tyres, if you dont mind me asking how much does he want?
 
Refer them to your farrier. It is not your problem. I dont believe their story for a minute,but if it were true then it is the farriers problem . I work on commercial aircraft, if I left some tools or junk behind and the aircraft crashed,do you think they are going to blame the fare paying passangers??Ultimately however,you need to get out of there as fast as possible.
 
[ QUOTE ]
Farriers came today while OH and I were both at work, OH was in theatre and I forgot my phone so we had no way of knowing. Farriers left a couple of nail ends and some of the old filed off nails on the hard standing. YO knew the farriers had been, he usually nags them to pick up the nails but not today although he did see them come and knew they had been. Friend of YO drives over the hard standing and (apparently) gets a puncture.

YO would like for us to pay for new tyre which would normally be OK but they are 'special' tyres and are astronomically expensive. I could get a new saddle for the price..

A few issues - namely, YO won't show us the damaged tyre but would like cash in hand and he has been known to pull a fast one before.. We are also technically moving out in 10 days so I have my doubts about the whole thing... But bottom line, who is responsible?

Normally, I clear up after the farriers so this isn't a problem. But today I didn't have a chance to do so. YO knew about the nails but didn't bother to double check before his friend drove her very expensively at-tyred (sorry
tongue.gif
) car over them. Or is it the farriers fault?!

My personal opinion is that it is not really anyone's fault but since I have my doubts about the veracity of the incident, I would like to get a general opinion as to who should pay up.

[/ QUOTE ]
Until he shows you the damaged tyre you do NOTHING
And tbh i would tell him to take a running jump
smile.gif
,he has to prove it was a nail from YOUR farrier that punctured his tyre,if it did in the 1st place
smile.gif

He probably has a shard of metal or something like stuck in the damn thing from on his way home,took a massive roofing nail to deflate my discos tyre
frown.gif
,who do i sue for that,lol!!Tell him to piss off!!
 
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