# Threat of lawsuit



## NdAppy (Apr 8, 2009)

Call a lawyer...


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## Sharpie (May 24, 2009)

Unless he actually hit the horse or rider or ran them off the road, I doubt he will be liable for anything. Sometimes there have been issues getting drivers even punished when they DID hit a horse and rider on the road. He showed normal courtesy- he should not be liable for a rider choosing to ride a horse on the road that is not safe around vehicles or that the rider could not control.


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## SouthernTrails (Dec 19, 2008)

.

Pedestrians or not, if your husband did not hit them they should not have a case, besides he slowed down and observed proper courtesy it sounds like.

Of course a Lawyer is the best to ask.


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## loveduffy (Dec 22, 2011)

unfortunate any body these day could sue I hope all works out for you both


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## Cat (Jul 26, 2008)

They can try to sue you - anyone can sue for anything anymore. Doesn't mean they will win.

And how did they know within 15 minutes that the dad had a concussion? I thought a doctor was needed for diagnosis and I had no idea they could get someone in to see a doctor so fast! I need to know where that hospital is - must break records for patient care.


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## Shoebox (Apr 18, 2012)

That sounds ridiculous. Firstly, none of the riders were hit. Secondly, anybody riding a horse assumes the full responsibility of their horse - if the horse gets scared of a car and falls off, that's the owner's problem (Unless the car deliberately scared them). If you're riding on the road you should be prepared for anything that happens. My horse happens to be terrified of moderate traffic and throws a fit - does that mean I can sue the drivers of all of those cars? Nope. 

At my barn, there is a sign saying something along the lines of "Any person who practices equine activities takes full responsibilities for injuries caused by practicing said sport" Or something like that. And it's completely true. If he showed proper courtesy, which he did, they shouldn't have any grounds to sue. By riding on the road, they are accepting the risk that their horse could get scared. 

Also... how on earth did they go to a doctor in fifteen minutes?! Even if they sue, I doubt they have any grounds to get anything out of you. Of course, I'm not a lawyer, and talking to one would still be advisable.


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## Copperhead (Jun 27, 2012)

There are laws to prevent people from sueing in the event of an equestrian related activity. Many states have these laws. It pretty much means that if you're dumb enough to get on the horse, you're dumb enough to get hurt. You can't blame anyone else for your stupidity. They can try and sue but I don't think much of it will come out of it. The road is for cars these days, not trail riders.


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## DancingArabian (Jul 15, 2011)

Call a lawyer and be sure to countersue to cover all the costs of defending yourself.

He didn't hit the horses and he slowed down. He didn't honk or scream (why people do either is beyond me but they do). Anything could have happened to spook the horse that the rider didn't see so they blame the last thing they did see - the car. They don't stand a chance.
_Posted via Mobile Device_


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## gunslinger (Sep 17, 2011)

I wouldn't do anything until they sue.


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## nikelodeon79 (Mar 3, 2008)

Sounds like a scare tactic to see if you'll fork over the money without them actually having to sue.

I work for a personal injury attorney and there's NO WAY we'd ever take that case. IMO, they don't have a leg to stand on unless they were actually struck by the vehicle or the machinery. Even then... the road is for VEHICLES and people riding horses do not have the right of way.

I would call their bluff, and do nothing until you actually have something official. Honestly I'm wondering whether anything at all even happened, or whether they're just scam artists. 

If you do get something official, get an attorney and countersue as has been recommended.


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## hkfarms (Jan 24, 2010)

We talked to a neighbor and found out they have had a similar situation where three riders were riding alongside the road and started waving their arms as soon as they came close, they never heard from them, maybe because they couldn't track them down IDK, but another neighbor said they live in a run down house with a ton of horses and thinks they are looking for money. 

They wouldn't have been able to get to a hospital that quickly and diagnose a concussion since the closest hospital is about 20 mins away.

My husband said they wanted to know who he worked for (probably wanting to find out if it was a big company that had money) he said I work for myself, she still insisted on knowing the company name, and told him if he knew horses at all he would have known better, he said we've owned horses our entire lives, and that he grew up on a cattle ranch. She then said, well some act different :-? 

We are just going to wait this out and see what happens.


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## Speed Racer (Oct 21, 2009)

Call their bluff. Tell 'em to have their lawyer send you a letter. You'll never hear from them again.


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## nikelodeon79 (Mar 3, 2008)

Speed Racer said:


> Call their bluff. Tell 'em to have their lawyer send you a letter. You'll never hear from them again.


Yup, and don't give them any information about yourself, tell them all communication needs to be handled through your lawyer, and DO NOT APOLOGIZE.


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## AQHSam (Nov 23, 2011)

gunslinger said:


> I wouldn't do anything until they sue.


I agree with Gunslinger. I would wait until you have received something official and through the courts. And only then would I start to shiver in my boots (hypothetically).

You will know then if they are going full out lawsuit or small claims. Regardless of which route they go, you will want to countersue for your legal defense fund.

It really sounds as if they were bullying you to see if you would open your checkbook. Glad you didn't try to settle on the spot.

If they continue to harass you or approach you on the issue without court documents, I recommend that you get a restraining order placed against them.

Essentially telling them to either put your money where mouth is or back off.


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## krisfulc (Jan 10, 2012)

THey sound super shady!!!!


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## peppersgirl (Aug 24, 2012)

I dont think they have a case, and I agree with the above poster who said 15minutes isnt enough time to get horses up and get to a doctor...that scenario would have been more believable if say they had contacted you either late that day or the next day... 


THAT ALL BEING SAID... having lived in a state where the farmers think they own the road especially during harvest season (NEBRASKA).....Im assuming by country road, you mean gravel.. IME 35mpg on a gravel road is NOT courteous. especially when hauling clacking equipment...if you can see any sort of dust, you are not going slow enough. Flying gravel has a way of unnerving even some pretty traffic seasoned horses.. ( I might add this only applies to gravel)

I pay my county taxes just like everyone else, so sorry but it doesnt matter if im on a horse. I still expect some decency towards the fact that im on a flighty animal.

When i realized the farmers werent going to slow down for me even after complaining, i started riding in the middle if the road so they had NO CHOICE but to slow down..****ed em off but if they are gonna be rude, Ill be rude right back.


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## peppersgirl (Aug 24, 2012)

I dont think they have a case, and I agree with the above poster who said 15minutes isnt enough time to get horses up and get to a doctor...that scenario would have been more believable if say they had contacted you either late that day or the next day... 


THAT ALL BEING SAID... having lived in a state where the farmers think they own the road especially during harvest season (NEBRASKA).....Im assuming by country road, you mean gravel.. IME 35mpg on a gravel road is NOT courteous. especially when hauling clacking equipment...if you can see any sort of dust, you are not going slow enough. Flying gravel has a way of unnerving even some pretty traffic seasoned horses.. ( I might add this only applies to gravel)

I pay my county taxes just like everyone else, so sorry but it doesnt matter if im on a horse. I still expect some decency towards the fact that im on a flighty animal.

When i realized the farmers werent going to slow down for me even after complaining, i started riding in the middle if the road so they had NO CHOICE but to slow down..****ed em off but if they are gonna be rude, Ill be rude right back.


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## equiniphile (Aug 16, 2009)

Sounds to me like they're trying to bully you into giving them the cash so it doesn't go to court, when in reality they don't have the funds or the grounds to take it to court. I wouldn't spend time worrying over it again unless you receive a letter from their lawyer.


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## Joe4d (Sep 1, 2011)

Offer them a High five, then tell em to read between the lines.


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## DimSum (Mar 28, 2012)

gunslinger said:


> I wouldn't do anything until they sue.


What the Gunslinger said. Do NOT talk to them, give no further information if they do call again and tell them to have their lawyer contact you. I hope it all comes to nothing.


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## Tazmanian Devil (Oct 11, 2008)

nikelodeon79 said:


> Even then... the road is for VEHICLES and people riding horses do not have the right of way.



I'd agree with everything else you wrote except for the above. Many states have laws/traffic codes which require vehicles to yield to equestrian (and pedestrian) traffic, thus giving equestrians "right-of-way." Still other states have vehicle laws/codes which specifically prohibit doing something which might scare a horse and rider. While we can split hairs over specific situations of right-of-way, I would venture to say that equestrian traffic more often than not has the right-of-way.

That said, from the description posted right-of-way has nothing to do with this situation.

It is like anything else. If you and your horse cannot handle the road, trail, arena - whatever - then you are taking a calculated risk in riding. Even a bomb-proof horse can dump a rider for no apparent reason. If you ride at all, you run the risk of getting hurt. Unfortunately, some states still do not recognize the concept of "inherent risk," making it easier to start frivolous lawsuits.


As others have said, definitely avoid ALL contact or communication with these twits. ANYTHING you say can/will eventually be used against you. (i.e. "I'm sorry you got hurt" = you admit you caused the accident). Any information provided is too much information. Don't talk, don't write, don't say anything. Wait for a lawyer to contact you - if they can find one who is sleazy enough to take a case like this. 

If/when you are contacted by a lawyer, you might consider starting with the insurance company which covers the vehicle you were driving. That's what you pay the insurance company for. At that time, it might also pay to consult your own lawyer. More than likely, the insurance company will take care of everything (probably by telling these people to take a hike).


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## Silent one (Aug 22, 2011)

Joe4d said:


> Offer them a High five, then tell em to read between the lines.


I really think I like you.......


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## Spotted (Sep 19, 2012)

Your husband didn't buck him off, the horse did.


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## stevenson (Sep 12, 2011)

Say nothing to them. Just do not respond. Did they call law enforcement? then its a scam.. they probably scared the horse waving thier arms around. Check to see if there is a public agency that no or little charge can give you the rules, or call your sheriff dept and ask what the rule is. I hope they leave you alone.


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## wyominggrandma (Nov 4, 2009)

I imagine its all a scam and the father probably did not get bucked off at all. If your hubby looked in the mirror and everyone was sitting on their horses AFTER he had passed, then either it happened after or it didn't happen at all.
humm, lets see, hubby drives by. old man supposedely gets bucked off. Have to gather the horses, ride them home with old man and concussion, load up old man and take to hospital 20 minutes away, get diagnosis and then come find your hubby. All in 15 minutes?????????? Tell them to take a flying leap.


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## feistymomma (Apr 15, 2010)

wyominggrandma said:


> I imagine its all a scam and the father probably did not get bucked off at all. If your hubby looked in the mirror and everyone was sitting on their horses AFTER he had passed, then either it happened after or it didn't happen at all.
> humm, lets see, hubby drives by. old man supposedely gets bucked off. Have to gather the horses, ride them home with old man and concussion, load up old man and take to hospital 20 minutes away, get diagnosis and then come find your hubby. All in 15 minutes?????????? Tell them to take a flying leap.


yup...plus, there is not an once of proof of anything. I wouldn't worry too much. Don't say anything until you are notified by a lawyer. They were just fishing for money hoping that your husband would whip out some cash right then.


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