My mare was hurt due to a stallion do I have a legal leg to stand on to get my vet bills covered?

Question

A couple of weeks ago a stallion broke loose from a residence near where my mare is boarded. It is assumed that he attempted to breed her through a fence, (I'll know when I have her preg tested in a week.) During this assumed incident we believe that his hoof cause a very large laceration on her side. By the time this is resolved, I will have close to $1,000 in vet bills and more in additional expenses including private stall, medication, wound supplies, ect. Two days prior to the incident the owner of property where my horse is boarded and another boarder went over to the Stallion owner's residence and advised him that the stallion was near getting free because of the condition of the fence. I am not looking to make gold on this, I am just wanting my vet bills covered, I'd even be willing to over look the additional expenses and the fact that my mare has been defaced. Do I have a shot? where can I find information on laws and statues of what is required of stallion owners... is there any such thing? Any information would be greatly appreciated! Thanks.

Answer 1

My lay person's opinion is that you have a good case if you can prove that the the injuries were caused by the stallion, especially since the stallion owner was warned.

Try scheduling a consultation with an attorney in your area. It will probably only cost you one hour of their time. They can advise you, but at $1000 damages will probably not represent you. You can probably find the paperwork to file a small claims suit through your county attorney's office. However, often times even if you win a small claims case, the court cannot compel payment.  

Answer 2

How about advising the stallion owner by REGISTERED MAIL of your intentions and then going to a collection agency instead of small claims court.  If the stallion owner was  a responsible horse owner in the first place the fences would have been properly constructed.  My experience with small claims court is it is fine if both parties are honest  if not the best liar wins.  I was dealing with an out of province party so could not use the collection agency.  The collection agency takes about a third but at least they do the fighting and it is in their interest to collect.  Good luck.  I hope your mare is okay.

  

Answer 3

Yes u do!!! and u willl win it 2! Its just unexadable that they let there horse out even if itt was on accident

Answer 4

If you call an attorney, many of them will give a free consultation. The consultation will only be about 20 minutes, but it should be enough to get you the information you need. This would probably be a small claims case, which doesn't require a lawyer. If it comes to small claims, make sure you have the stable owner and whoever else warned the owner of the stallion that he was in danger of breaking free, with you in court to testify for you. Hopefully, if your mare IS pregnant, the stallion was at least a nice looking horse. You could get a really nice foal out of the deal.

I am not a lawyer, but there are laws that demand that if livestock gets out and causes damage, the owner is liable.

Answer 5

Yes you do. stallion owners are required by law to contain their animals in a safe manor.  If he was informed by the barn owner and another person that the fence was in poor repair and the stallion could get out then he is indeed responsible.  

I would get over there and take photos of his fencing, including the place that I assume he has repaired.   Then Talk to the stable owner and the other boarder and see if they will sign an affidavit that they had informed him and when.     Then go talk to him.  Show him vet bills and statements of what its cost you.  Perhaps he will  offer to pay without a legal issue.  If not then file in court with a lawyer a property damage suit and include the price of your lawyer and court fees in the amount.

Answer 6

If the stallion broke through the fence on the other persons property, then you should be able to file against their homeowners insurance for neglect to maintain their fence.  See if you have a lawyer in your area that specializes in Agricultural Law.  You should have a case, and the case should end up paying legal fees.  So with the exception of a retainer, you should be able to do it without any fees.

I would let the two people that talked to the other owner know.  The fact that they went over and talked to the stallion owner ahead of time is a big deal.

Answer 7

Oh yes you do...You can ask them to cover the bill and they might just do this to avoid court...If not you do have a leg to stand on and will win.

Answer 8

im not experienced in legal matters, but i would go to them and say if you cover the vet bills now i wont take you to court.. they may just pay it straight up to avoid a legal battle.. if they refuse try calling a legal consultant if they are out there... which im sure you can find in a phone book.  

Answer 9

Yes, the owner is responsible for the stallion.  Horse owners in general are responsible if their horse get lose and cause any kind of damage.  Most lawyers will give a free consolation.  Try calling a few a and see what your options are.  

Answer 10

I am sure it would fall under your local pet laws.  Usually they have to be contained,  if a person, pet or property is damaged the owner of the offending animal would have to pay.  Send them a certified letter stating bills etc and a copy of the vets bills and future billing.  See what happens.  If not bring them to small claims court.

Answer 11

You have a civil case if you can prove the owner of the stallion was negligent. The fact that he had been warned shortly prior to and did nothing to improve the safe keeping of the stallion is a good start. However, it is tricky because that's verbal warning, though the fact that two people were there when he was informed is also good - witness.

Do a free consult with a civil attorney/tort law...the attorney will tell you if you have a good case or not. Even if you choose not to use an attorney, you will then have additional ammunition when approaching the stallion's owner and he may be more inclined to cooperate knowing you've consulted an attorney. To fight it out, will cost you both a lot more than to settle.

Good luck! Sorry to hear about your mare. That's a true shame!

ADD: Sometimes a certified and registered letter stating your grievance and the specific negligence of the party involved as well as your intention to pursue the matter through the courts if it is not resolved, can be enough.

Answer 12

I would talk to the place that you board your horse. They might know the laws and the legalities. Especially since they did go to warn the owners of the Stallion. If they don't know, I would consult a good attorney.