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  Discussion on Mare bred accidently when boarded at trainers
Author Message
New Member:
Dwolschl

Posted on Thursday, Jan 1, 2004 - 9:47 pm:

Hi, I had a mare that got accidently bred when boarded at trainers. I bought this mare for my 12 yr. old boy in the summer of 2002 and ask a trainer if I could board the horse there until I could build another stall in my barn. I also wanted to make sure the mare was a safe mount for the boy so I had trainer work with them both. But while there the trainers Black stallion jumped the fence and bred her. The trainer inform me that they found the stallion in with the mare, but caught him before he could breed her. To make a long story short I took the mare home and waited for winter to get over with, then in April we got the mare out, gun-ho to get her ready for the show season. I wormed the mare in middle April with worm medication with boticide wanting to use up this medication, because of expiration date. Any way she colic and I found out she was in foal, not knowing foaling date. So that put her out of commission for being shown, I had a very disappointed boy. Anyway we got a nice Black filly, i told the trainer I would like to get papers on this filly. I call AQHA and ask them about this, and said they could only make her apply for the breeder slip not make her sign it and give to me. Any way I don't feel I should have to pay the breeder fee for a baby i did't ask for! The trainer did apply for the breeder slip but does not offer them to me and has said she would knock $100. of stud fee because it happen accidently. They also have been offering to buy this baby, telling me what they will pay, not asking what I want for her. The baby has some good bloodlines and is worth alot more. My son has gotten attach to the baby and has done all the training so far. I don't have the heart to sell the filly. Should i talk to a lawyer? I need input with this situation. Thanks Dawn
Member:
Belhaven

Posted on Friday, Jan 2, 2004 - 8:41 am:

Call a lawyer.
Member:
Aaring

Posted on Friday, Jan 2, 2004 - 9:19 am:

I'd recommend Julie Fershtman at (248) 851-4111, she specializes in equine law.
Moderator:
DrO

Posted on Friday, Jan 2, 2004 - 9:42 am:

I have to admit the trainer/breeder has chutzpah! I suggest you tell her you will give her a written agreement to not hold her responsible for any problems and expenses that may occur because of this pregnancy in return for a registrable foal. Otherwise give her notice that she will be financially responsible for this problem she created. It would be best to have this drafted by a lawyer but not knowing the financial particulars I am uncertain if this is a wise action or not.
DrO
Member:
Whs1

Posted on Friday, Jan 2, 2004 - 9:51 am:

What will cost you more, a lawyer or the breeding fee? Maybe they would go to 50% of the fee if they have a statement that if you do ever want to sell the foal that they get first chance at buying her.
Member:
Hoositer

Posted on Friday, Jan 2, 2004 - 1:16 pm:

Dawn, I think you should take Dr. O's advice and certainly put the trainer/breeder on notice that you are holding them responsible for your lost season of showing, and the vet costs of the foaling. I beleive the "trainer" will certainly think that the least costly avenue for her to approach this is to furnish you the papers for the registration. Also, you may not need to have a lawyer to file the suit. Most states now have a "small claims" court that you can use that is simple and easy to navigate. You can search the web for examples of these kinds of proceedings and the courts generally are not too strict on the format of the pleading. Here in Oklahoma, the maximum amount of damages you can file for are $3,000,00 and maybe your state has a similar vehicle. I am sure that you can at least use this as leverage on the trainer. In any event, you are entitled to releif if you had either a verbal or written contract to board the horse. Any cancelled checks you have that show where you paid her for services should be prima facie evidence of such a contract. Try this approach and see what the response is.
Member:
Dwolschl

Posted on Friday, Jan 2, 2004 - 9:03 pm:

DR.O and James, Thank you for the response. I will try your advice in this situation. I have ask her nicely for the papers and will see what Happens, small claims court is a option I have thought about. I don't like to fight with people, only common sense tell you I'm in the right here.This person is also my sons 4h leader, so its a sticky situation I don't like being place in. I'm still hoping she will have a conscience and do the right thing here and give the papers to my son. Thanks, Dawn
Member:
Jojo15

Posted on Friday, Jan 2, 2004 - 10:14 pm:

Did the thought occur that maybe she did this on purpose, hoping that you would play along? Seems like if you and she are friendly in other areas, she sees that you aren't the pushy or argumentative type, therefore creates this little problem and voila she gets a filly out of it..cause you are a nice person and at no expense to her, no consent to you and so on...If this was my stallion i would be doing everything in my power to assure that you are well taken care of, and the mare. And paying all the costs associated with the foal, and apologizing prophetically, every time i saw you, etc, etc...

Its her property, its her stallion, your horse in HER care, its her mistake. She should be made aware of HER RESPONSIBILITY>>>

If you don't want to make waves thats fine, but a nicely worded letter from a lawyer with her responsibilities lined out, what you expect, and how to amicably settle this is just a wake up call for her that you aren't a pushover.

wow the nerve of some..good luck!

jojo
Member:
Christos

Posted on Saturday, Jan 3, 2004 - 5:34 am:

Dawn,
I am not familiar with US laws so to be of any help here, but still, the lady's attitude amazes me.
There could be a kid on that mare when the stallion jumped on her. Is that the safety she probably guaranteed when you boarded in her premises?
The consequences of a stallion roaming behind a fence he can jump are the consequences of negligence, not an accident that "happens".
And Joj is right, if it was my stallion I'd be begging on my knees for people to forgive my incompetence. If I wanted to stay in the business, that is...
Member:
Belhaven

Posted on Saturday, Jan 3, 2004 - 8:50 am:

Jumping in here again since I know a wee bit about this (also an equine lawyer here)...of course you can put the pressure you can on and see if she caves in-draft you own agreement and see if it works, however I don't think you would be looking at a large amount of money for a lawyer to write a letter and agreement to protect your interests.

Just be sure the attorney is licensed to practice law in your state.
Member:
Kel4s

Posted on Saturday, Jan 3, 2004 - 9:53 pm:

I think this person is using their authority as your son's 4-H leader to try and control you. I think you have a no-win situation. Sue and you may get the papers, but any hopes your son has in 4-H will be squashed. This person will try and make you the bad guy to anyone that will listen. Unless you're planning to move from your community, I would try and talk the breeding fee down and keep the filly. I DEFINETLY would not sell that twit the filly. Unless the breeding fee is sky high, you should be able to sell the filly in a couple of years and clear your expenses.

Good Luck
Kellie
Member:
Dwolschl

Posted on Sunday, Jan 4, 2004 - 8:56 am:

Kellie, I don't think its a no-win situation, most of the horse people here think its a dirty play on her part. Competely the opposite, they tell me to sue. Shes only hurting her self. Leah,Thanks for the response, I will ask her nicely one more time, if I don't get a positive response, I will seek a lawyer. But would small claims court do any good? All I really want is the stud slip??? jojo, Yes, I have wonder if she did this on purpose. The mare came from Texas and is a quality Black mare that was grand Champion Halter mare at our county fair.But you wouldn't think she would put herself in this position!!!! She's not well like by alot of people in the area,She a hot head, and every must go her way. We have change to a different trainer/riding instructor. Live and Learn! Thanks to everybodys response, Dawn
Member:
Chohler

Posted on Friday, Jan 21, 2005 - 4:36 pm:

Is there another 4h group close to your area that your son could attend.

I just ask because we had problems with our local 4h group, and we have a neighboring town in the same county that we switched to.
Member:
Chohler

Posted on Friday, Jan 21, 2005 - 4:37 pm:

And yes the Trainer/breeder must be OFF.........

If it was my stallion I would be begging your forgiveness, much less charging your for your board or training that occured at that time.
Member:
Mrose

Posted on Friday, Jan 21, 2005 - 7:00 pm:

Dawn, I can't believe the "chutzpah" of this stallion owner!! As an owner (and breeder) of two stallions, I'm appalled by her attitude, and by the fact the stallion was in a situation that allowed him to get loose. True, accidents can happen. People can forget to latch a door, a horse can break away from a handler, etc. But, I can't imagine her lack of understanding and all. Like Cheryl said, I'd be begging forgiveness and praying you didn't sue me. The stallion owner always seems to be liable for the stallion's behaviour, accidental breedings, etc. even when the circumstances really are in his favor - like at a show when people ride their mares right up under your guy's nose totaly inconsiderate of the fact he's a stallion. I've been known to declare I'll charge double for breedings on the show grounds! But, in reality, know that I have to be able to control my guys at all times. A think a letter from a lawyer is a great idea. This stallion owner is "out there." Maybe she's just figuring a "strong offense make the best defense" and is hoping to put you on the defensive so you won't think of coming after her???
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