# Can I be sued for this?



## PalominoOwner (Dec 4, 2011)

Ok so i was training a horse for hunter over fences and after i finished training the horse and the owner started riding again the horse bucked her off breaking her owners arm. I never had any issues regarding the horses behavior. He was an angel for me. Now the lady is threating to sue me for neglegence saying i knew there was an issue and i didn't inform her that he bucked. Can she sue me? Would it be better just to try to settle if she does sue me?


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## Critter sitter (Jun 2, 2012)

what was your contract like? I highly doubt they can sue.


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## Speed Racer (Oct 21, 2009)

If you offer to settle, you're admitting guilt. 

I don't see where she has a case, but anyone can sue for anything in the US. Doesn't mean they'll win.


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## PalominoOwner (Dec 4, 2011)

Critter sitter said:


> what was your contract like? I highly doubt they can sue.


 
i dont think it specifies


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## BornToRun (Sep 18, 2011)

It doesn't sound like she has a case. If your contract doesn't specify, then unfortunately for this woman she'll just have to live with a broken arm.


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## PaintHorseMares (Apr 19, 2008)

If she is threatening to sue, contact your insurance company and have no further conversation with her...and do not discuss any details on a public forum like this.
_Posted via Mobile Device_


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## DancingArabian (Jul 15, 2011)

Horses are unpredictable animals. She would have to find proof that you knew the horse bucked.
_Posted via Mobile Device_


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## BarrelracingArabian (Mar 31, 2010)

I doubt it horses have their own minds and it is her horse.


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## Dustbunny (Oct 22, 2012)

I guess she could.
I hate this sort of crap! How can someone be responsible for another's actions or lack of talent when you have no control over the situation? 
If you are really worried I'd have as brief a conversation as possible with an attorney (billable minutes, you know). And do not offer anything to her...no settlement. Hopefully this will just go away although she will probably be shooting off her mouth about you for years...at which point you may be able to sue her for damaging your business. : )


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## Critter sitter (Jun 2, 2012)

if she could sue you for that than you could sue her if you were hurt while training her horse.. I really think she has no case But hey you can Sue over anything!


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## Cacowgirl (Feb 19, 2011)

Horseback riding is known to be dangerous-we all ride "at risk"-it's just part of the life.


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## Clayton Taffy (May 24, 2011)

If that was a sue-able offense, I would be rich by now!!!


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## wausuaw (Apr 15, 2011)

She can technically sue you for anything. 

At least here in Texas, she probably wouldn't have a leg to stand on. ANY activity with a horse, regardless of disposition, is seen as an at your own risk activity, whether it be your horse or someone else's horse. 

She would have to prove gross negligence, which I doubt she would be able. There are a million reasons for a horse to buck. My horse threw me off the first day I got on her, without any previous warning or indications she would. It was due to saddle malfunction that wasn't obvious.

She may have pushed the horse in an unfamiliar situation, she may have lost her balance and grabbed ahold of the horse, startling it, could be she just rides differently, uses different cues and the horse got frustrated- no telling. 

In your case, I would offer help with situation, without saying fault (as this is business, it is always good to offer help, and if goes to court will also be a plus- since that always looks good. If she refuses, not your problem) Gather witness statements, and any video of the horse working with you. Document all correspondence. 

Sounds like she's just po'd (which I probably would be, but I wouldn't necessarily sue over it)


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## Saddlebag (Jan 17, 2011)

One argument in your favor is that no one forced her to get on the horse.


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## franknbeans (Jun 7, 2007)

And horses do not come with guarantees-other than to empty your wallet, anyway.


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## Farmchic (Mar 2, 2013)

Nebraska Equine Activity Statute

Check this out. Hope it helps, I think most all states have laws concerning equine activity.


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## franknbeans (Jun 7, 2007)

Is the OP in Nebraska?


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## Farmchic (Mar 2, 2013)

oops! Guess I looked at the poster below the OP LOL, well anyhow they can google equine law in ____. and find what they need. Sorry!


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## jaydee (May 10, 2012)

Dont agree to settle or you'll be admitting guilt
Right now the onus is on her to prove that you knew the horse bucked and I cant see how she could do that without any evidence
Its not your problem that she's maybe a crap rider and the horse took a few minutes to figure that out
Besides - anything could have happened once it left you - she might have had it fastened in for days and it was just letting off steam


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## PaintHorseMares (Apr 19, 2008)

I don't consider this to be the typical equine liability scenerio. Consider, though, ideas a quick google turned up...

What recourse do I have if I am dissatisfied with the services of a professional horse trainer?

"Generally speaking," Fershtman says, "virtually anybody who renders a service risks being sued for improper performance of that service." She says any of the following legal theories could apply:

Breach of contract. A lawsuit might claim that the trainer broke the terms of a contract by failing to keep the horse in training and, possibly, by failing to perform the training services properly.

Negligence. Depending on the facts, a lawsuit also could claim that the trainer gave negligent care to the horse.

Deceptive trade practice laws. Some states have consumer protection laws that protect consumers who claim they were deceived into spending money on items or services.
_Posted via Mobile Device_


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## Cherie (Dec 16, 2010)

Whatever state you live in, you probably have a 'limited liability act'. Forty six state have such a statute.

Google " 'Your state' equine limited liability law'. Several websites will come up with every state's limited liability law. They will be listed in alphabetical order if you scroll down or there will be a list of states to 'click' on. They spell out your responsibilities and hers as well as exclusions.

When I trained for the public, I spelled out to people (in a contract if I did not know them) that it was their responsibility to come and ride the horse under my supervision before they took the horse home. I also told people that too much feed and too little riding and exercise would likely be a problem for their 'green' horse. This can be a problem for even an older horse. 

DO NOT contact your insurance Company. They will probably cancel your policy or raise your rates unless you have a specific 'activity insurance'. Then it is not going to cover her getting bucked off anywhere other than on your place. The less you ever say to an insurance company or agent, the better off you are.


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## Maple (Jan 10, 2012)

wausuaw said:


> In your case, I would offer help with situation, without saying fault (as this is business, it is always good to offer help, and if goes to court will also be a plus- since that always looks good. If she refuses, not your problem) Gather witness statements, and any video of the horse working with you. Document all correspondence.
> 
> Sounds like she's just po'd (which I probably would be, but I wouldn't necessarily sue over it)


If it does go down the legal route: the OP could offer help, but at a price. Offering help willy-nilly may come across as feeling that they hadn't done the training properly in the first place. She could offer to take the horse for another 30 days to get more miles on it, but she needs to charge training fees for it. Just my opinion anyway, I could be well off the mark here.


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## DimSum (Mar 28, 2012)

PaintHorseMares said:


> I don't consider this to be the typical equine liability scenerio. Consider, though, ideas a quick google turned up...
> 
> What recourse do I have if I am dissatisfied with the services of a professional horse trainer?
> 
> ...


I'll tell you what, anyone who trains for a living should take a video of the horse-before, during and after training and retain it. When I was a K9 officer, my trainer used to do that with any dog he sold. He would also take a video of the K9 and handler working out together before he turned control of the dog over to the department that bought it. Saved him lots of time in litigation when a bad handler would ruin a dog and claim the dog was improperly trained. Just my 2cents worth...


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## SouthernTrails (Dec 19, 2008)

.

Did she specifically ask for you to train the Horse not to buck?

I doubt she has a leg to stand on unless that was part of the contract

.


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## PaintHorseMares (Apr 19, 2008)

If anyone is interest in how courts in various States have ruled on horse related suits, google equine case law and read about various rulings. Most are as you would expect, but there are some surprising (to me) ones.
_Posted via Mobile Device_


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## bsms (Dec 31, 2010)

Don't get legal advice over the Internet. It is often wrong, rarely includes your state's law, and any details you post can be used against you in court.

The state or county bar usually has a lawyer referral service. In Pima County, AZ, the referral service costs $35, and gives you a 30 minute consult with a lawyer who specializes in that area of law. $35 for 30 minutes with a real lawyer is cheap, and will give you far better information.

My guess is that she could sue you in small claims court, but would lose. I seriously doubt, from what you described, that any lawyer would take that case to court. The money damages are too small for there to be any profit for a lawyer, and as you describe it, the woman doesn't have a case.

But if you want a real answer, check on your local referral services and see if you can talk to someone who knows the law in your state.


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## dbarabians (May 21, 2011)

I was going to type what bsms said but he beat me to it.
Get professional legal advice any time you have a situation like this. Shalom


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## WSArabians (Apr 14, 2008)

That would be like suing Pontiac because I crashed my car.
What a 'tard.


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## dbarabians (May 21, 2011)

I tell everyone who ask if my horses are safe or bombproof. If the horse is breathing then they all bite , buck and kick. There is no such thing as a bombproof horse. Shalom


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