# Law suit over new horse in pasture



## Shagrunner (Aug 22, 2011)

Hi, I'm brand new to this forum. I hope to be a regular reader and a contributor if I feel I have something of value to offer.

I have an ethical/legal question I would like some help with.

My 5 horses had been in a pasture for about 8 months with the permission of the property owner. Her boyfriend brought a new horse to the pasture and turned him loose with my horses. Within a couple of days this new horses owner called and told me that my horses had kicked and bitten his horse to the point where he had to take the horse to the vet. The vet bill was $425. I told him that he should've known better than putting a new horse in a pasture like that, but that I would be willing to pay half the vet bill just because I wanted to be fair since they were my horses. He insists that I pay the entire bill and is threatening to sue me if I don't.

What would you do? How much of the responsibility for what happened is mine (my horses) and how much is his for putting his horse in the pasture like he did? What kind of a defense would you mount if you had to go to court over such an issue?

I'd appreciate any advice or counsel you can offer.


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## WhoaNow (Jan 18, 2011)

Shagrunner said:


> Hi, I'm brand new to this forum. I hope to be a regular reader and a contributor if I feel I have something of value to offer.
> 
> I have an ethical/legal question I would like some help with.
> 
> ...


Well, if he's threatening to sue, I might wait it out, and let him sue you.
I doubt he will, and all he'd get was the total amount anyhow.
He will pay more than that to hire a lawyer, and he may/may not win in court because,...,

It wasn't an intentional act, you didn't put his horse in harm's way, 
HE DID:shock:
He actually put your horse's in harm's way also.

I think you are being more than fair in offering half.
Give him time to cool off and come to his senses:?
Geeez!

Also, he might actually have a better case against the property owner than you,..., 
You might want to discuss it with the property owner before you do anything.

Good luck.


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## Speed Racer (Oct 21, 2009)

You need to contact an attorney who is familiar with equine law in your state. It could go either way in court, which is why you _need_ to talk to a lawyer.

I'd lay odds this person is just bluffing, but you never know.


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## Crossover (Sep 18, 2010)

Shagrunner said:


> Hi, I'm brand new to this forum. I hope to be a regular reader and a contributor if I feel I have something of value to offer.
> 
> I have an ethical/legal question I would like some help with.
> 
> ...


If you're going to go the wait and see approach it might be wise to find a new place to put your horses. I'd also check up on them more to avoid any "accidents" happening to your horses. Sounds cold I know but I've learned from experiance just how vindictive people can be if they feel wronged.


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## Shagrunner (Aug 22, 2011)

This person called me the day he discovered his horse was injured, around noon, and told me that he wanted all my horses out of the pasture by sundown that day. I had to leave work and spend the rest of the day scrambling to find places for all the horses that day. (I had to put three of them in my garden with my electric fence for a couple of days and drive the other about 30 miles to a trainer who said he could take one but not all three.) It took me a couple of weeks to find a place that would take them all, but I did, so they are all safe well out of reach of any vindictive actions. But thanks for the concern and warning.


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## WhoaNow (Jan 18, 2011)

Shagrunner said:


> This person called me the day he discovered his horse was injured, around noon,
> and told me that he wanted all my horses out of the pasture by sundown that day.
> I had to leave work and spend the rest of the day scrambling to find places for all the horses that day.
> (I had to put three of them in my garden with my electric fence for a couple of days
> ...


Wow,..., sounds like they don't really want to hold themselves accountable for their bad idea:shock:.
Accidents HAPPEN with horses, especially when someone just throws one in with an established herd:?.
You aren't responsible for what happened,.., 
I would just find a new place for all my horses and let his lawyer contact my lawyer.
He won't go that far,.., and you didn't do anything intentionally, or willfully.
I imagine IF you had known that the BF was putting a new horse in the field, you would have asked to be present, so as to have this type incident NOT happen.

Good luck, hopefully it will just GO AWAY:wink:


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## tinyliny (Oct 31, 2009)

If you were paying the LO to keep your horses there, her boyfriend had not right to demand that you move yours. He should not have put his horse in to the herd without proper introducing steps. And the LO should be the one to set this up.


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## QOS (Dec 8, 2008)

I wouldn't be paying squat doodly. He is the one that put his horse in danger by putting him in an established herd. What a goober. 

If you had permission to put your horses there he really doesn't have a leg to stand on in or out of court. Sorry his horse was hurt but it sounds like he is responsible for that. 

I wouldn't pay him a dime for his vet bills. Glad you moved your horses and maybe this horse's backside has learned a lesson...expensive and painful for the horse.


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## sierrams1123 (Jul 8, 2011)

I really do not see how you could be liable in any way.
What I would do is move my horses ASAP and ignore him.
You were doing something nice by offering to pay for half and he still asked for more and then made a threat to you, WOW can we say JERK!!


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## iridehorses (Oct 22, 2007)

You can't fix stupid. The BF is way off base but the property owner isn't helping you, apparently. Not legal advise but I don't think he has a chance in a court (small claims and in front of a judge or magistrate) if you do your homework and show that the problem stemmed from his lack of proper horse handling. I would also counter sue for the time lost at work, the lack of proper notification and the expense of moving them - give him something to think about.


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## Alwaysbehind (Jul 10, 2009)

You do not say where you are, assuming you are in the US.

That would be a small claims case. That means no lawyers are required. It also means that the judge might know little to nothing about horses. The judge might think they are like dogs or such and then find you responsible.


I personally do not see how it is your fault at all. If you want to pay half because you feel bad then do so. Otherwise I would call their bluff and see if they take you to court.


Before you pay anything be sure to ask for a copy of the bill so you are not paying for half of routine vet care items.


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## WhoaNow (Jan 18, 2011)

Alwaysbehind said:


> You do not say where you are, assuming you are in the US.
> 
> That would be a small claims case. That means no lawyers are required. It also means that the judge might know little to nothing about horses. The judge might think they are like dogs or such and then find you responsible.
> 
> ...


I disagree,.., if you pay anything toward the bill, 
it could be considered an 'admission' of some kind of guilt, or negligence.
Remove your horses, and yourself from the situation, 
and if he continues to make contact with you, speak with a lawyer.
I doubt he/they will bother you any further.
Unfortunately, it looks like you may need to permanently relocate your horses because of this.

Good luck.


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## Darrin (Jul 11, 2011)

To settle your own conscience, this guy was 100% in the wrong. You just don't go throwing a strange horse in with a herd without biting and kicking going on. Odds are someone is going to get hurt, you are just lucky none of yours came up hurt.

As someone else said, this would go to small claims court. In that case round up all your horsey friends, print up a few articles about how to introduce horses, etc. Take them along with you to court just in case the judge doesn't know horses. Also, watch some Judge Judy so you know the does and don'ts. Those who go most prepared more often then not win.


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## Saddlebag (Jan 17, 2011)

There's a local fellow who's always yelling about calling his lawyer as tho he had the financial means to keep one on retainer, and threatening to sue. It's all noise. He does this because he thinks he's putting the fear of god in people. My response to this is Do what you feel you have to do. That usually makes them wild.


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## Cowgirl07 (Sep 6, 2011)

Well it his fault for putting the horse in the pasture to start with along with your horses he should've put it in a different area and My horse Baxter is the boss at the barn and he kicks, and bites Bud my fiances horse it because he tries to get in his food maybe thats the situation with what happened with your horses and the new horse or they just plain didnt like the new comer.My horse is the same way when it comes to bossing and I cant stop it I have prevented Baxter from kicking and biting Bud by separating the two.Horses are unpredictable they nice one minute next they are at their meanest Good luck just hope you dont have to pay alot of money and go to jail because it's bad business.I hope this helps


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## Jamzimm101987 (Aug 11, 2011)

I don't know much about legal terms, but I do know some. If they threaten to sue you, I would say go for it. Chances are they're just trying to scare you. I would not pay one cent of the bill because you had absolutely nothing to do with the incident. 

If they do try to sue you, be prepared to explain how horses are herd animals that that they have a very specific pecking order. Also mention how you weren't even on the property at the time and you had no idea they were putting another horse in with yours. 

This is not your fault, you should feel absolutely no inclination to pay. I doubt they are really going to sue you. Unless they're stupid they probably already know they won't win with a case like this.


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## its lbs not miles (Sep 1, 2011)

Many, if not most, states have laws governing the risk of dealing with "farm animals" (horses fall into that group). In many cases they tend to say that the person who is dealing with the horse(s) is accepting the risk themself (these laws are usually in connection with the risk of human injury). A good lawyer would no doubt put this to good use in a courtroom. Along with the abundance of information available on horse behavior. But you never know what the outcome will be.
It's obvious this person has very limited knowledge about horse behavior. I wonder what he would have done if he'd had three horses and thrown another one in the next year. Only to find out that the first three beat up his new horse.
I shouldn't be so hard I guess. I had members of my family that had been dealing iwth horses for over 60 years before I owned my first horse (owning my horse was very different than having one to ride....especially in my family). Still, with the amount of information availble and the ease of getting it off the internet there really should be know excuse for not knowing the basics of equine behavior.


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## Saddlebag (Jan 17, 2011)

The landowner sure found herself a doozie in this guy. I wonder what else he'll make her get rid of. I suspect this horse issue was just the beginning.


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