Can my parents take legal action?

Question

Okay so, while I was on vacation. There was a thunder storm and it was really bad. My horse got spooked and jumped a 5'3" fence and has severe injuries, her knees have deep gashed and she has cuts all over her eyes and her nose. She is hurt really badly. The owner lives on the property and was home at the time, but didn’t bring my horse in. She has known my horse for 4 years and knows how she would have reacted. My parents feel like this was very negligent, and some compensation should be made for the vet bill (650 so far) as well as other things. They just said that they are considering taking her to court. Is there any legal way this could happen or any legal action they can take? My parents took pictures of her injuries. After the injury took place she apparently left my horse out in the pasture, she saw her and knew the storm was still going on. Also the thunder storm was very close and nothing like what we have where we live; I heard that it was really scary.

Answer 1

The landowners liability should be defined in your written boarding agreement. If you don't have one, there is probably little chance of your parents winning a court case. In fact, you and your parents, as owners of the horse, could be held liable for any damage to the fence. Tell them this, and I bet they stop talking about going to court. Of course, legalities vary from state to state

Answer 2

doesnt really sound like you could take to court and win.

unless the person was instructed to take horse in nightly, feedup etc and signed some legal doc. also the horse is on her property- are you agisting your horse there? - you may have already signed something saying the owner of the property will eg: take no legal responsiblity/compensation for a horse who dies, injured, or stollen property etc?

she should have realised - but i dont think you can do anything about it- your parents will have to seek legal advice if they wish to take it further - and see what there legal stance is.

if you dont want your parents to take her to court - tell them and explain exactly why- like you did in q - be an adult about the situation.

good luck, hope your horse makes a full recovery!

Answer 3

It's this kind of thing that prevents me from allowing other people's horses to stay on my property.  And most people I know are the same way.  I have people ask all the time to rent one of my pastures.  It's not going to happen.

Losing one's property...whether land or material things like cash...is not worth it...because someone thinks they are 'owed something' because of an accident.

I had to write out a long waiver that had to be signed by kids and parents, just to let neighbor kids play in my creek during the summer.  Just to make sure I had some kind of legal document in case I got sued for accidents.

Unless it was stated in a boarding contract that the barn owner was responsible for bringing the horse in, and other responsibilities written out...I don't see that they would win easily.  But you never know in this "me me me" world.

I feel sorry for the barn owner too.  And I would make sure that the horse was removed from my property, so I wouldn't have to deal with owners like that.  I would also warn my friends and others not to board with this owner.  I'd also be removing them from my 'friend' list.  

Yes, they can take legal action.  But if there is no contract...the barn owner will be in better shape to fight this.  But they could still be taken to small claims court.  This sucks for the barn owner...The horse owners do not sound like friends of the barn owner.

Answer 4

I want to make sure I understand...are you saying your horse was injured and then left for some period of time without care? How long was she left bleeding in the field without a vet being called? Where you contacted immediately and told what happened so you could get a vet out?

Answer 5

Actually, animal control in major cities such as Houston which has the funding and one of the largest horse removal squads in the US due to abuse and neglect, can legally remove an animal from the premises without a warrant in-hand when an animal has been injured to a sufficient degree and vet care is not immediately attained by the property or horse owner. That is the issue here (injury sustained regardless of cause, how bad was the injury, and what action within what timeframe was taken by the guardian of the horse at the time of the incident), not whether a natural event/accident occured or not.

Your "friend" should have called the vet immediately and didn't even need to go get the horse to bring her inside, which is the part that confounds me, as someone who has been in horses at upper levels for almost all of her life and has been in the legal position of owning reputable horse properties.The vet can go in the field and sedate the horse with permission, then, tend to injuries. Why was this so difficult for your "friend" to grasp?

People are confusing the issue here and taking this question very personally. My guess is most likely applying a situation from their own past experience that has its own set of unique details that are not the same as what your horse experienced.

Larger cities with a good program in place have judges that actually uphold animal treatment laws at the tortious level in civil court; smaller, rural areas typically turn a blind eye to animals like horses because they are categorized as kin to swine and other livestock.

Answer 6

I don't think they can but I am not sure because different states have different laws but I know here in Florida they could not.

Answer 7

I think this is a very poor way of your parents to handle a situation.

Accidents happen, horses arent full proof and seriously if you were to board at a barn that i rented to, you would be kicked out over this.  

I dont see the owner as negligent, its a storm, your horse was injured.  It could of been injured in a stall also.  I have seen horses try to climb out of stalls and sometimes fatally injurying themselves.

Unless your parents want to wrap your horse in bubblewrap, they need to back off and realize that this was an accident and not negligence.  I feel sorry for the barn owner.

Answer 8

She is responsible for the treatment aid of the injuries IF she is aware and no one else is there to aid; not the injuries itself.

She was not negligent due to not barning/stalling your horse, BUTshe was negligent for not seeking proper aid and care for a sever injured horse, if time lasp (lets say the horse was like that for a day or two with out care or giving knowledge to owners etc).

It can be a shady window on her part. She isn't the owner nor should be assumed responsible, but she seemed to not give proper aid that could of resulted in pain, suffuring and further injury to the horse.

Since this is your horse, you can file a claim against her.  Your parents are not the owners, they can not do that for you. HOWEVER, if you are a minior, then yes, your parents can try to file a suit.

In the mean time, it is best interest the horse no longer is present at that location for the horse's safety AND the legal case at hand.

You can sue for part amount owed, but the judge or settler will seek that it was also your fault for not properly stalling your horse (your responsibility and if you are not present, it is up to you to find someone to do that for you) during a environment change that can result in injury.  The judge will make fully aware that she isn't responsible for your horse's actions.  But like any animal or human, we all are responsible in giving aid when that situation stands before us. (Number one thing in CPR/First Aid humans and any Equine studies will provide). Ex: Leaving a scene of an accident, not giving aid to a dying person when you are only one there, you can be charged partly in their death for not giving life saving treatment. etc.

So, I don't think, my opinion, you will not result in full payment due to that.

You need everything documented. No verbal will holed up in court. Verbal is all about "he said she said". Need concret evidence.  

Need the vet bills.

Need to have documented who called who, what for, who called vet, who called you or did you find your horse like this?, confront the situation, witnesses? Insurance? etc.

Have a contract with this person?  If so, what does the liability say on the contract?  That can play a huge factor on what happens in court.

She can be charged with animal neglect if the court finds she didn't aid a severly hurt animal that and neglect could of resulted in further injury or even death, but all depends on what degree and whether you will recieve expenses out of it.

Do you or the ranch have Equine insurance?

Answer 9

You have no proof she didnt put it in a stable.

she couldnt have put it in the stable after it got out.

u cant sue, and i wouldt if she has done so much foir u.

Answer 10

Your parents are crazy to do this, pal, but you need to tell them to talk to an attorney about it. Your horse was injured as the result of a natural event- and the court is going to be none too pleased to deal with a case which came about as the result of an act of God. The accident was unfortunate, yes, but it was NO ONE'S fault, which is undoubtedly what the judge will tell you when your parents bring suit against the farm owner. Suppose the owner had brought your mare in, and there had been a TORNADO instead of just a thunderstorm? A horse that's trapped in a stall in a barn is in FAR GREATER DANGER of dying than a horse which is free- at least if they are free, they can outrun or outmanuver the storm, or both. I grew up on the northern end of the infamous "tornado alley" in the midwest, so I know what I am talking about. Weather and predicting the weather has been a hobby for me for most of my life, and I have learned a lot about storm formation and why thunderstorms and tornadoes are dangerous over the years. Unless that owner's barn is made of reinforced concrete cinderblocks, the way ours is ( I currently live in central DE, and we get severe storms too, and tornadic activity, although that is rather rare) then it is vulnerable to an explosion or to being blown down as a tornado passes overhead. If your horse was inside a barn like this during a storm like that, then chances are good she'd have been KILLED, not injured, during that storm you had. This farm owner is probably not a trained meterologist- someone who makes a living out of studying and predicting the weather- and she could not possibly have known how severe that storm was going to be in advance. As for her leaving the mare out after she got hurt, there is a perfectly reasonable explanation for this which your parents are totally ignoring, pal- namely, that this woman didn't want to risk her life. Lightning causes easily as many deaths from storms as wind does, so I can hardly blame her for thinking this way. Human life ALWAYS takes precedence over the life of an animal, whether your parents like this or not, and the judge and courts will be quick to point this out.  I think your parents are WAY OUT OF LINE to put so much blame for your horse's injuries on this woman's shoulders. I also think that sueing her is going to accomplish NOTHING, except to make a permanent enemy out of her- one which you will have to deal with in the future if you ever want to be able to ride on that woman's land again, or do anything else near her property. Is this what YOU want to see happen?? I am also surprised, in fact, that the farm's owner hasn't demanded that you remove your mare from her barn, and not return- and also made clear to you that your board fees are forfeit from this point forward. Most farm owners I know who get faced with a situation like this usually will demand at least that much- because it helps them cover the costs they will face.

This was an unfortunate accident, yes, but your parents have made things worse by attempting to sue this woman for something which I and anyone I know who owns or keeps horses would have done. I would have waited to get your horse too, if I had been in her shoes- it's not worth getting killed by lightning over- nothing is worth that. Your parents need to show some common sense and compassion, and realize that they are NOT helping anybody with their attitude, which sucks, incidentally. Your parents are mainly upset because they don't want to spend the money for vet bills- and rather than dealing with the situation directly, they are trying to use the legal system to get recompense for something which this woman had absolutely no control over whatsoever. That doesn't say good things about them.

I would suggest that you have a long talk with your parents about this, and that you personally ( NOT your parents) have a talk with the farm owner, and let her know that you realize what happened was not her fault. If you are sincere and apologetic, you may be able to appeal to her sense of reason and fairness, and her compassion for both you and your horse may make her interested in helping you, either financially or otherwise. If you don't do this, and your parents end up sueing her, you can kiss whatever friendship you had with her goodbye, and you need to be prepared to move your horse to a new barn as soon as possible.

Good luck to you, and I am sorry your mare is hurt.

Answer 11

Anyone can sue...they may not win.  This would be a small claims case where i live..I think it's the same there...amounts you can sue for may differ.

There are lots of factors..whether you have a written contract and how it reads, or if  you don't have a writing, are oral contracts are honored in your state?  If the owner has provided adequate fence to contain the horse, or if it would be considered negligent to leave a horse out in a storm, etc.  It's not that cut and dried.  Laws vary so you'd really have to run it past a lawyer specializing in contract law in your area.  Was your horse left out alone or in a group?  Did the owner's failure to seek medical attention promptly cause further injury to the horse?  My answer , obviously, is that I don't know the answer...only an attorney in your location can advise you.

Black Bunny...just read your answer.  I wonder if you're sure the waiver you had those people sign is enough to protect you.  Around here, an adult can't waive the rights of a child.  A child can't sign a waiver and have it be legally binding, so if it's the same way there, you could still be sued and lose.  And it's often the insurance company paying medical expenses for an injured party who will come after you and sue.  I'd look into it before letting them onto the property again, if you haven't already.

Answer 12

I would have to ask are there other horses there and were they brought in ?

If the answer is no then I think you have to face the fact that it was an accident and these things sometimes happen.

We have been having storms here - the horses stay out.

You say this person is a friend and has helped you out when you needed it =- sorry but this sounds like a crappy way to repay her. Just because she lives on the property doesn't mean that she is watching your horse 24/7. If your horse lived at home it wouldn't get that and would still find a way of injuring itself in the field ( they do that).