YO's Insurance at Livery Yard

[Wagga]

I found myself in the position of having to move to a new yard and whilst I was not too happy with the fencing, the field allocated to my mare had the bottom strand of wire a good 12" off the ground. The YO assured me that should there be an accident then she was covered. Unfortunately my mare was put into another field with inappropriate fencing (the bottom strand barely off the ground) and she sustained a serious injury to her off hind leg. When I found her, bone was exposed below the hock plus significant de-gloving. The damage to the bottom strand of the fence could clearly be seen. I am pleased to report that thanks to exceptional veterinary care she has survived, is sound and going as well as ever albeit with a badly blemished leg. The yard owner has been most unhelpful, unfriendly and it would appear that the YO's insurers are not going to help in any way with the not insignificant vet's bills. Would welcome any thoughts on this matter. Sorry for such a long post

 

[be positive]

My thoughts would be that despite the assurance that the YO would be insured if your horse suffered any injury while in her care that the insurance company are not going to cover an injury caused by obviously inappropriate fencing which is very different to a genuine accident, your own insurance should pay as it is covering the horse for all accidents, you may find she doesn't have full insurance which is why she is being unhelpful but as an owner you should never rely on anyone else's insurance to cover you or your horse.

You may have to take it to small claims court, if you want to fight it if you are not insured and feel it worth trying, or your own insurers may fight the claim on your behalf to try and recoup their losses, the YO has misled you, put your horse in an unsafe field I am surprised you have not moved yet to somewhere with decent fencing.

 

[Wagga]

Naturally after my horse had spent 3 weeks at veterinary clinic she went to a different yard it was an accident in as much she must have rolled and got her leg under the wire

 

[popsdosh]

The insurance will most likely only kick in if you actually sue the YO as that is the wording on most liability insurance . I must add though if you put your horse in there having doubts about its suitability you will be deemed to have been negligent as well.

 

[be positive]

Naturally after my horse had spent 3 weeks at veterinary clinic she went to a different yard it was an accident in as much she must have rolled and got her leg under the wire

I wasn't sure that you had moved, I think your only option as you are out of there is to take the case further, you will probably have to prove negligence, not easy if you knew the fencing was below standard but it is worth a go if you are otherwise having to finance the treatment yourself, you could also go for loss of value, your horse is now badly blemished but it may cost you more than you ever recover if the YO doesn't have full insurance and chooses to fight the case, the only definite winners are the legal teams involved.

 

[Wagtail]

Are you insured? If so, let your insurers sort it out. If not, then you would have to make a claim against the yard owner. If they don't have insurance for care, custody and control though, they may not be covered. Being insured third party may not be enough.