# Do you think they have a case?



## mls (Nov 28, 2006)

Trespassing - yes. But the rest - I dunno . . .

N.J. residents sue man for trespassing on horseback, causing injury to one of the landowners, show horse | NJ.com


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## Zimpatico (Nov 5, 2010)

I actually know that area well. I certainly understand their point, although part of it sounds like typically insane NJ sue happy people (I lived there for 8 years before moving back to PA). However, if I was in her position, and had repeatedly told this person he was not permitted to trail ride on my property, and he continued to do so, I'd want to go after the guy for injuring me and my horse. That area in particular has some very nice upper level barns with high dollar horses.


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## Speed Racer (Oct 21, 2009)

If he had been warned repeatedly to stop trespassing, and it's documented somewhere, I'd think they have a pretty good case.

He's just lucky he doesn't live in my area. Continually trespassing onto posted land here, you're likely to find yourself on the business end of a shotgun or rifle.


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## Alwaysbehind (Jul 10, 2009)

I do not get how his riding thru would cause an experienced show horse to freak out and run through a fence.

Should be interesting as the details come out.


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## Dreamcatcher Arabians (Nov 14, 2010)

"Continually trespassing onto posted land here, you're likely to find yourself on the business end of a shotgun or rifle. "

Yep, around here they actually are proud of the fact that "We don't call 911". That's usually posted on a no trespassing sign and a picture of a man with a shotgun. 

Knowing the ******** in this area, he'd probably he gotten dragged off his horse and had 'swift justice' applied to his hide.


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## Speed Racer (Oct 21, 2009)

Yes ma'am. I live in Virginia, but out in the boondocks. They take private property VERY seriously here.


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## ShutUpJoe (Nov 10, 2009)

Ugly Vira...snickers


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## Crossover (Sep 18, 2010)

Tresspassing maybe. But how do you sue for the possiblities? Just because a horse looks like it might be a good jumping prospect doesn't mean it will end up in the Olympics. Extensive hospitilization? What was she doing, lunging in a barbwire arena? I've seen a lot of high end showjumpers and I haven't seen one yet try and kill itself because some other horse showed up.
Do they have a lawsuit, unfortunatly, they probably do knowing this sue happy country where we live. 

shutupjoe... the dam of my newest arrival was originally Buzzard Bait until the owner got it legally changed... some people.


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## darkwillow (Apr 12, 2009)

Yeah I thought it was a little weird that the horse got that spooked by another horse. If it's a high level show horse then it should be used to seeing other horses all the time. It seems a little odd that a horse would get so spooked by another horse that it would throw itself through a fence.


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## Skipsfirstspike (Mar 22, 2010)

A horse can easily be spooked by another horse, especially if the first horse comes tearing out of a blind corner up behind the other horse. If the show horse was young, high strung and just in training, yes, disaster is possible. I would be livid if I were the property owner.


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## Crossover (Sep 18, 2010)

From what I read this mare was 8yrs old. She had competed but her last USEF show in 2008. Does not sound like horse was currently showing. I thought it said she was lungeing but now I see she could of been riding and fell. 

It does not say how the trespasser was behaving. If he was negligent then yes I do think the owner has the right to sue for the current value of the horse if unable to be used for her intended goal, however if recoverable than only the medical costs.

I do not think however, they have any right to sue for "future possiblities" of the horse. As the horse hadn't been shown in any sanctioned shows in two years it is hard to say that it was currently a valuable showjumper. I'd like to believe that all my future foals will win big awards, but no guarentees in life. 

Also suing for costs of missing high level shows... why... she could of tripped and twisted her ankle... gotten a cold... horse decided not to load up that day. 

Horses are a dangerous sport... thats why they post big liability signs everywhere stating that very fact. You get on a horse, you risk your life. I don't care if its a youngster fresh off the track or an old been there done that horse. They are animals and not machines. If you want to ride them you choose to put your life in a precarious position. 

Was the guy right to be on her land... no... but is he accountable for everything that happened... no, with a condition. If it was his intention to cause havoc then I think he should get a severe penalty. 

Life happens... if you insist on being put in bubble wrap... pretty soon you won't be able to move.


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## mls (Nov 28, 2006)

Thanks folks!

A few of you mentioned what I had going on in my head. If the horse was to be an upper level show horse, you can't control the show arena, spectators, etc.

Just thought I would post for some interesting conversation!


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## Citrus (Feb 26, 2010)

As long as a lawyer is willing to represent, there is always a case


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## NorthernMama (Mar 12, 2008)

"The Barbatos’ say Strauss was negligent in the fashion in which he rode his horse onto the land, located on Lambertville Headquarters Road, and should have known injuries would ensue."

Ya, because Strauss can tell the future... that being the case he won't have any problem paying the lawsuit. He'll make millions forecasting for the financial and insurance industries now that eveyone know about him.


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## Lunarflowermaiden (Aug 17, 2010)

Skipsfirstspike said:


> A horse can easily be spooked by another horse, especially if the first horse comes tearing out of a blind corner up behind the other horse. If the show horse was young, high strung and just in training, yes, disaster is possible. I would be livid if I were the property owner.


Or even if they just walk out from behind a building. 

My mom was riding Scout the other day, while another horse grazed loose on grass near by (not the best idea, the same horse on I think a different day ended up running around the property). But when she came out from behind the office, Scout spooked. Not a big spook, but still got surprised.


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## WickedNag (Sep 7, 2010)

To those wondering about a high level show horse and crowds, noise etc. Who knows how that horse is outside of the arena at a show and how it is in. I think we all know horses that are great arena horses but not so great anywhere else.


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## JekkaLynn (May 21, 2010)

I have known a horse who while at shows nothing bothers them, they behave perfectly and never do anything wrong. When at home they spook at shadows, noises, and other horses. They buck, rear and bolt. If you didn't know better seeing the horse at a show one day, then at home the next you would swear it was a different horse.


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## kitten_Val (Apr 25, 2007)

I think they have a good case. When the neighbor's pony jumped out of bushes my horses spook. And we have ponies for over year already. So why not? Could of happen.

SR, I believe if one very kindly asks for permission to use part of the property to pass to the park even ******** will be OK with it. :wink: Heck, in fact I believe ******** will be much better about it than those non-******** we have around here (and who goes bananas if you step 1 foot on their property).


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## dee (Jul 30, 2009)

We ******** generally don't mind if someone asks permission to fish in our pond or cross the property in search of a deer that took off after being shot. (Got more than one lovely chunk of venison that way!) At least we didn't mind until last month. Now no one goes back there.

If the guy had been warned to stay off of the property, and ignored the warning, that's criminal tresspassing around here. The guy might be liable for the actual expenses incurred - like the medical expenses for the rider and horse and the repairs to the fencing - but I doubt that he would have to pay for more than that. At least that's the way it is around here. The judge might throw in a small amount of punitive damages to compensate for loss of use, but no one would collect much more than actual damages.

And, just so you'll know - unlike criminal courts where you would have to prove beyond a shadow of doubt that this guy caused the injuries to the horse, in civil court, you just have to show that this was most likely the case - I think it's called a preponderance of evidence or something like that...


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