# legal action against unauthorized breeding



## redhorse86

That is so bizarre and I would be furious if I were you. You should look around your area for a horse savy lawyer to see if anything can be done legally. Its not like you have breeding contract and as a vet that is so unethical and makes them look unprofessional. They should have to pay the vet bills you will have when your mare has the foal. If all else fails call Judge Judy.
_Posted via Mobile Device_


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## NorthernMama

Hopefully some knowledgeable people will chime in for you, but since the breeding was done without your consent, then IMO you have some options. Assuming of course that this can be proven.

First off, would you want the foal? Is the breeding good and are you in a position to care for the foal? Maybe the foal would be a benefit to you.

If you don't want the foal, then I would say that the previous BO is liable for vet care and other additional costs to care properly for your mare now as well as the foal for until it is weaned. Then they would also need to pay at some kind of a broodmare fee, and don't omit that this will impact how and when you have full use of your mare. I have no idea how you would determine the value of these items.

I assume there is some kind of genetic testing available if the previous BO tries to argue that it was not their stallion that bred with your mare. You need a lawyer.


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## waresbear

Have you talked with stallion's owner? If you do, record the convo, it's legal, just one party needs to know the call is recorded. Then go see a lawyer! They will be responsible for everything in the end, once the foal is born & proven to be by their stud.
_Posted via Mobile Device_


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## Shoebox

Are you sure it was intentional? Could the stallion have gotten out and bred her in any way? It seems strange they would breed her and actually expect anything to go well once you found out. I'm not sure what they would be thinking - that you would give them the foal maybe?


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## jamillah

I'm sure it was intentional or they would have told me about it. I think they thought they could hide the pregnancy because he was our vet. I think they where planning on taking the foal and saying that my mare was just colicing or something. I am definitely going to contact a lawyer. I am planning on keeping the foal, but I think they should be responsible for the vet and care fees. I was mainly worried that I couldn't take any kind of legal action and I would be responsible for paying for everything.


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## Amba1027

Have they done shady things in the past that would lead you believe they are capable of doing something like this? Perhaps the stallion did get out without their knowledge but when they found him he wasn't anywhere near your mare, so they didn't mention it. Not the responsible or smart thing to do, but I would honestly come to that conclusion before thinking they bred her on purpose and planned on basically stealing the foal. But, I don't know them so maybe there are things they've done that make you believe it was a purposeful breeding. Did they put up a fuss when you left? I would think they would be upset about it if they were planning on taking the foal.


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## Shoebox

Amba1027 said:


> Have they done shady things in the past that would lead you believe they are capable of doing something like this? Perhaps the stallion did get out without their knowledge but when they found him he wasn't anywhere near your mare, so they didn't mention it. Not the responsible or smart thing to do, but I would honestly come to that conclusion before thinking they bred her on purpose and planned on basically stealing the foal. But, I don't know them so maybe there are things they've done that make you believe it was a purposeful breeding. Did they put up a fuss when you left? I would think they would be upset about it if they were planning on taking the foal.


This is what I was thinking. This seems so much more likely than the intentional breeding. I can't see a situation anyone would think breeding someone's horse would ever work out. Curious to see how everything goes.


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## Saddlebag

You can sue, a friend did. Stallion owner was responsible for all reasonable costs incurred until the foal was 6 mos old.


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## equinesnfelines

"I am planning on keeping the foal, but I think they should be responsible for the vet and care fees"

if seeking legal action and monetary support (ie: broodmare lease, vet fees, etc.) i would think that "planning on keeping the foal" would contradict those intentions. 

"thought they could hide the pregnancy because he was our vet"

how often do you see your horse??? udder development alone would alert you that it certainly could be something other than colic!!!!

only you know the small issues you were having with these folks---but the timeframe shows the breeding to have took place at least 6 months prior to you removing your horse... 

as mentioned in another post, it is entirely possible the stallion got out.....

good luck either way....


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## Left Hand Percherons

First thing you need to do is settle down. Remember that this is a public forum and someone from the barn might come across this and put 2 and 2 together. 

Implausible that this was an intentional act as you describe. They wouldn't risk their business, professional reputation as well as veterinary license for a foal. I don't care how amazing the mare is, not going to happen. Your mare would of been bred Aug/Sept. What was happening at the barn at that time? Who handles the stallion other than the owners? Any help leave recently? Was your mare palpated or USed to determine her pregnancy status? US will give you a more accurate gestational age at this point. Very simple to verify parentage and determine who the sire is when that comes time. 

Have you had any exchange with the wife/husband? Are they aware that you have confirmed your mare is in foal? You do need to get a lawyer involved. I don't know of any lawyer in the metro area that is competent in equine law but you might check on COHOCO's website and see if anyone is listed there.


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## doubleopi

Regarding recorded conversations. Most states are one party consent, including Colorado. Some, however, require that all parties be notified and consent to the recording otherwise it is an illegal recording and will not be admissible in court.

Is it Legal to Record a Phone Call or Conversation?


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## Incitatus32

You've gotten loads of good advice on here but let me just say this. It is entirely possible that this was unintentional. Only you know the finer points of your situation and why you would think it was intentional but having a stallion on the premises means that there is always the possibility for accidents, no matter how experienced the owners are or how good they are. 

For example I had a mare who got into the stud pen. We found her the next morning with him. Thankfully she didn't end up pregnant but I'm always aware that as an owner there's always the possibility for some sneaky horse to try and get to a mare. Also it's very unlikely that a vet would risk their license to impregnate a mare or even do a check up on a mare with the knowledge that it was a different person's horse. Just keep your temper and poke around before legal action so you can be sure that it was intentional or non intentional.


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## Zexious

o.o Subbing... How crazy


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## jamillah

Sorry for the late reply. 
The answer to the question about if they have done shady things in the past is Yes, Yes, and Yes. biggest reason why I left the barn. Even other people I have spoken to have had problems, in the last year before I left the barn, 10 out of the 25-30 or so people who boarded there, left. 
Of course it is possible the stallion got out, but I boarded at this barn for almost 3 years and he was never let out of sight, and the barn owners are the only ones to handle him. He is kept in a stall in a separate barn, he wasn't even turned out. When he was taken out for riding, it was literally straight to the arena and straight back. If he got out, there where many other mares around and I would assume they would have told everyone that he did get out. 
At this point I have considered everything and I am more convinced it was intentional than not. Why wouldn't they have even mentioned anything if it wasn't? A simple " the stallion got out, just watch your mare" would have been enough. 
Maybe they weren't planning on stealing the foal, but it would have been more cash in their pocket with boarding, foaling care, vet fees, etc. I mean, this is a breeding facility so they have everything they needed. 
I will call a lawyer and see if anything can be done. I'm sure anyone in my situation would do the same.


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## Amba1027

jamillah said:


> Maybe they weren't planning on stealing the foal, but it would have been more cash in their pocket with boarding, foaling care, vet fees, etc. I mean, this is a breeding facility so they have everything they needed.
> I will call a lawyer and see if anything can be done. I'm sure anyone in my situation would do the same.


It's on them if their stallion gets out and gets your mare pregnant, so they'd have a hard time making a case for getting you to pay them for care of the foal. Maybe that's why they didn't say anything about him getting out. Maybe they didn't want to be giving free vet care during the pregnancy and whatnot.


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## Shoebox

Amba1027 said:


> It's on them if their stallion gets out and gets your mare pregnant, so they'd have a hard time making a case for getting you to pay them for care of the foal. Maybe that's why they didn't say anything about him getting out. Maybe they didn't want to be giving free vet care during the pregnancy and whatnot.


This could very well be. The owners would have had to tell EVERY mare owner on the property, and if everyone decided to have the vet out and lute just in case they could very well tell the BO it is up to them to pay the vet fees since their stallion got out. They could very well have been hush hush about it if they didn't think anything had happened and wanted to stay on the down low to avoid paying for everyone's vet bills - especially if they've been shady in the past.

I'm not saying it's impossible it was intentional, but I still see it as much more likely an accident. Of all the ways to get more money for board from ONE horse, that really just seems like something that would be last on the list.


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## stevenson

if you make them pay all the vet fees etc, then a judge may give them the foal.
Is your mare registered? is the stallion ? I would sue them for the breeding cert and registration fees. I would see if there is a Vet association and report the Vet . THis is sooo
unethical and irrisponsible. I would also let the horse professionals and other know that they did this. Intentional or not, they should have informed you, and if you did not want a foal, you could have them pay for the lute to abort the fetus.


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## churumbeque

waresbear said:


> Have you talked with stallion's owner? If you do, record the convo, it's legal, just one party needs to know the call is recorded. Then go see a lawyer! They will be responsible for everything in the end, once the foal is born & proven to be by their stud.
> _Posted via Mobile Device_


 Do it via email or registered mail so you have it all in writing


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## churumbeque

Shoebox said:


> This is what I was thinking. This seems so much more likely than the intentional breeding. I can't see a situation anyone would think breeding someone's horse would ever work out. Curious to see how everything goes.


If it were accidental and he is a vet he would have given her a shot of Lute just in case. So something isn't sounding right.
What if the mare dies during birth?


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## Rosebit78

Subbing. I doubt he would have given EVERY mare a shot just in case. If it was an accident they probly thought they caught him before any thing happened and didn't want to say anything to the mare owners that might make them leave the barn.


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## churumbeque

Rosebit78 said:


> Subbing. I doubt he would have given EVERY mare a shot just in case. If it was an accident they probly thought they caught him before any thing happened and didn't want to say anything to the mare owners that might make them leave the barn.


hers was kept in a round pen with another mare so I doubt if he accessed the whole barn in 1 outing.


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## Roux

Even if the stallion got out and the breeding was unintentional the stallion owners and the barn owners (in this case the same people) can still be found liable through negligence.

In legal terms:
Intentional breeding = would be an intentional tort. 
Intentional breeding = would be negligence (also a tort claim).

Intentional torts generally pay more to the plaintiff because you can sue for punitive damages as well.

Either way I think you can and should talk to a lawyer.
1. You have unwanted vet costs for the mare and foal
2. You have loss of use of your mare for periods of the pregnancy and for a time after.
3. Your mare can never be made "whole" again. 

Hope this helps!


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## BlueSpark

I think this will likely be more hassle, expense and headache than its worth. My cousins had their mare bred intentionally, and the stallion owner even admitted it, and claimed the resulting foal should be his:shock: They took their mare home, cut off all ties and had a lovely filly out of a gorgeous stallion, sans stud fee.

I realize vet bills, etc are a concern, but you might be better off to just sell the resulting foal and recoup your losses that way, especially if your mare and the stallion are very nice. The only thing I would be obnoxious about is registration paperwork.

Even if you succeed in court, it can still be a real pain to actually collect your money.


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## Corporal

Thank you Blue Spark. TOTALLY agree. Nobody sounds like they were monitoring this barn 24/7. It is even possible that there was another stud on premises who is the sire, but you didn't know he was there--perhaps kept overnight for "reasons." You won't know for sure until after your mare foals. Until then, you should keep very good records of your mare's $maternity care. I am praying that everything goes well, but we will need extra prayer bc mares can lose their foals or you can lose the mare or both, and you didn't plan on this. Assuming the ending is happy, you will still need to pay for a DNA test to determine that _their_ stud is _your_ foal's _sire._ I believe that you have full foal ownership, since you own the mare.
IMHO, I would take a look at the foal when he or she arrives and then make decisions. Definitely contact your attorney and let he or she know about this situation ahead of time bc there are statues of TIME limitations regarding all crimes except murder, which has NO statute of limitation.
Since you have moved away from this barn, it could just end up being a happy accident.


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## BlueSpark

> It is even possible that there was another stud on premises who is the sire, but you didn't know he was there--perhaps kept overnight for "reasons." You won't know for sure until after your mare foals


 true. Maybe a friend of the BO's was helping put some horses away and accidentally confused the stud with another horse, and put it out. Maybe someone got confused and put the wrong mare in with the stallion. maybe someone had too much to drink and put the stallion in the wrong place and was too ashamed to admit it, so they waited, hoping she didn't catch. Who knows.


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## CKM

Just wondering how you made out with this situation??? Going through something very similar right now. Except the stallion is an unregistered, unknown cross breed of who knows what.....that the owners let run free and broke on to my property and bred my mares.....different situation but same end result.


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## churumbeque

CKM said:


> Just wondering how you made out with this situation??? Going through something very similar right now. Except the stallion is an unregistered, unknown cross breed of who knows what.....that the owners let run free and broke on to my property and bred my mares.....different situation but same end result.


I assume you knew this happened. Did you get them all a shot to prevent pregnancy? I would sake owner to pay or take them to small claims court.


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## BugZapper89

While is very unprofessional it's not unheard of. It will not be the first time the barn staff poured it in the wrong hole or brought the vet the wrong horse. I run a really tight ship, so things like that will not happen at my barn but that's not always the case. It will cost you several thousand in attorney fees so you have to factor that in. I am sure they have liability insurance with the livestock k breeding program. It will cover your expenses but leave you on the hook for your attorney. I would get to work a deal with them where they do the foal out and buy the foal. I would only allow them the 90 days post foal and then demand they wean and return the mare in the same condition they got her


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## stevenson

I would not let them have the foal. They sound completely irresposible. You can sell the foal if you do want to keep it. I would have them pay for the additonal Vet Bills, Dna test etc, and if the stallion is registered, I would demand the breeding cert etc to get the foal registered, if Your mare is registered and the same breed. 
Having a foal , does not make a mare "not whole". It's not like they could make the mare a maiden again, , well maybe some freaky plastic surgery..


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## Equinetwo

jamillah said:


> Hello, I'm new to this forum, hopefully I'll get the hang of it soon.
> 
> I have a very unusual and unbelievable situation that someone may be able to help me with. This may be long, but I want to explain everything as best as possible.
> I own a 13 year old hanoverian, I've had her for 3 years. Until February of this year she was boarded at one barn, she never left that barn or trailered anywhere. This was a sporthorse barn with onsite vet and breeding facility (trainer and vet are husband and wife, and also owners of the barn). She was kept in a round pen, with another mare. This barn only has 1 stallion there that is kept inside at all times. I started having some small issues with the owners, which led me to moving her out in February. I have just found out that she is pregnant, with maybe 2-3 months left. The barn owners bred her without my consent or knowledge. Is there anything I can do in terms of legal action? I have no experience with this kind of situation, and any suggestions would be appreciated.
> 
> Has anyone ever heard of this happening before? I am still in shock that someone would go to that extent. She has never been bred before, and I was not ever planning on it. I can answer any questions if needed.
> 
> Thanks in advance for any help.
> Jamillah


Yes I loaned my horse to a 18 your old girl to ride while I was away her father took over the horse stole my papers then had the horse bread she also can't and upper respiratory I'm still pondering what to do


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## jaydee

*NOTE*
This is a very old thread and answers to the OP's question are unlikely to be relevant any more


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