Liability and responsibility of stallion owner or boarding stable?

Question

Does anyone have any information about the liabilities and Responsibilities of the stallion owner or the boarding stable if a mare is accidentally bred or injured due to a stallion breaking through a fence. Our boarding stable just got in a new owner that has a stallion and they are planning on letting him be turned out in a run next to the pen that my mares are in. The fence is only a 2 strand Hot tape and is "iffy" about when it works, sometimes it is great others it is only a slight tingle like it is shorting out some where. I have reported this to the barn owner and manager and caretaker but nothing has changed. But I do not want to risk my mares getting accidentally bred to this stallion or injured by him.

Answer 1

I would read through your contract with your barn owner... it probably states that if anything happens to your horse, they aren't liable.

Its hard to get something like that to hold up in court if your mare is bred, with a contract like that, writing is everything.

Personally if it was me... I would either move the mare away or put nuclear strength hot wire that would fry him in a heartbeat.  

Sometimes, nothing makes sense to idiots and you just have to take the responsibility to protect your own animal.

Answer 2

I currently have 3 stallions, and when the youngest one is grown enough, I will have 2, but I will guarantee that 2 strands will not stop them, even good ones, from breeding a mare.  To tell you the truth, I would bet that the mare will go through the fence for the stallion.  I have bred horses for years, and I have been surprised at the lengths to which some mares will go to get next to a stallion!  Don't allow the owner/stable put the horse next to your mares.  Either move them, or demand the horse not be put there, but this is a disaster waiting to happen.  

One of the two I own is literally one of the nicest horses I have ever owned, he never gets pushy, he is stupid easy to catch when out in a field, he literally comes up to you and nickers, but breed him, and he changes.  He isn't hard to keep control of, but left to his own devices and 2 strands he would run through them, and breed the mares, if they didn't back up to him.  It is nature.  It is torture to put the mares within touching distance of a stallion when they are in season.  

Chris

Answer 3

The responsibility of the upkeep and safety of the horses boarded there is the responsibility of the stable owner.  But here lies the problem.  If you have requested that they fix the fence, and no results yet.....I would try to find another stable.  You are paying for your horses to be stabled in a safe and healthy manner, and a stud breaking through a iffy fence is not a safe and healthy stable.  Ultimately  The stable would be responsible, but unfortunately there is not much legally you can do until something does happen. Then more than likely, you would end up in court, you footing the bill, untill hopefully the stable owners are ruled responsible.  Very catch 22 situation here.  GOOD LUCK

Answer 4

You may be forced to move your mares to another stable to prevent problems if the stable owner is uncooperative.  I would check with an attorney on how to handle it if it comes to that, because you could sue the stable owner for costs you incur as the result of being forced to move.  It would most likely be in small claims, so you wouldn't need an attorney.  If you informed the owner of your intent to relocate the horses, etc, maybe this decision would be reconsidered. I have not seen any boarding facility pull something as stupid as this in the many years of many stables I've been involved with.

Answer 5

The stable owner is responsible for maintaining a safe place for the horses. If they do not have proper fencing for stallions they should not take them. The owners should know this.

Speak to them, and tell them your consern. If there are any paddocks that have only geldings in them, ask if you can trade paddocks. The owners should not have a problem with this. If they don't, you need to speak to the gelding owners.

If the stable owner insist that your mares will be fine where they are, I would start looking for a diffrent place to board at.

Answer 6

Put her on birth control! Problem solved! No just kidding even though that would be nice...

I would suggest sitting down with the stable owner and the owner of the stallion... Tell them your opinions and how you feel, and if they something like "well I think it will be fine" or "I don't think he will bother her" simply tell them that it is easy for them to think like that because they aren't going to have to pay the vet bills, and look after a horse that is pregnant, and look after the baby when it arives, and take time out of riding your mare because she got pregnant due to negligance-sp on their part. If that doesn't get through to them, ask for your mares to be moved further away from the stallion either far enough away (like the other side of the stables) or far enough away for them to safe while you find another stable to board at.

Good Luck and I hope everything works out ok.

Answer 7

I would agree with Mulereiner when it comes to who owns the responsibility and also that the "no fault" clause is in your contract...on the other hand, that does NOT cover deliberate negligence, especially when it has already been pointed out to the stable owners, plus.....we have all heard the phrase, "you cannot sign away future rights"... it is true...this is pure and simple negligence, but if it were me, I wouldn't take the chance...it doesn't matter whose fault it is, it doesn't matter because in the end, you are the loser when it comes to your horse...so, I would have a serious talk with the stable owner and be prepared to back it up, have a place ready to move to if you have to, but let them know that if they insist on turning out this horse at the same time or any time or any place that there is a chance of his getting to your horses, you are moving your horse...Usually stallion owners have to pay more to board their horses to compensate the stable owners for the extra trouble that they have to go through to protect the other horses that are already there...that's probably why they accepted him at all...have your plan, say what you mean and be prepared to do what you say you will do...the loss of your horse is not worth who is right and who isn't in a court of law.

Answer 8

Well, if your boarding stable took on this stallion, then they are responsible for making the other horses safe. Stallions need different accomodations. If they aren't taking the extra steps to keep the other horses safe, then they are liable for anything bad that happens as a result. A responsible stallion owner wouldn't place his, or her horse in a place that was not safe for the other horses, especially the mares. Both parties would be guilty.

Answer 9

Any kind of legal argument without a signed contract stating the barn owner/manager is responsible for anything that happens on their property will likely not fly. In my area of Florida, we have a strict law that if any stallion mounts another owners mare on 'accident' the stallion owner is responsible for the mishap.

The only bit of advice i can give is to talk this over with the stallion owner and barn owner. Let them know exactly how you feel about this situation, and see if their is another alternative to the stallions accommodations. if they are not willing to comply, it would be best for you to search for a new place to board.

Anything can happen and is probably bound to happen in a situation like this one. You have to look out for your pocket book, horses and yourself.

Answer 10

As a stallion owner myself. I always go the extra step to keep both him and the other mares safe.  If the owner doesn't take those steps then I would get my mares away from there.