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  Discussion on Liability in alleged abortion
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New Member:
Careful

Posted on Thursday, Mar 10, 2005 - 10:03 pm:

I own a small horse farm and rent stalls and paddocks to self care boarding clients. One client told me that his mare was pregnant after she came on the farm and that she was due to foal in May. Yesterday I was told that the mare lost her foal and that I can expect to be sued for negligence in allowing other boarders to disturb the pregnant mare. I have only his word that this pregnancy story is actually true and have never had to deal with this kind of situation. Any advice?
Member:
Canter

Posted on Friday, Mar 11, 2005 - 8:41 am:

MJK,
Seems to me this client is out for a quick buck at your expense. I think the key here is that your business is a "self-care" facility...unless I'm wrong, that means the client was completely responsible for his horse's care, thus how are you liable? Does he have proof that the mare was pregnant? Did you/anyone actually see the aborted fetus? Did a vet come out to determine cause...is there a written report of that? Does he have proof that another client deliberately disturbed the horse and what exactly constitutes disturbing the horse? It's one thing if another client allowed, for example, their dog to run the mare to exhaustion (then THAT person should be liable, not you) or did this owner's definition of "disturbing" his horse mean that she got worked up over normal everyday barn operations? What type of (written)agreement did you have with the mare's owner?

I'm not a lawyer, but there are so many different variable to consider here, but this I can say for sure: the clients word is not enough for him to win anything in a court case. He would have to prove that the mare lost her baby and then he would have to prove your negligence. Of course, you don't want the situation to get so far as landing up in court, so I would contact an equine lawyer and see what he/she says.
Member:
Green007

Posted on Friday, Mar 11, 2005 - 9:40 am:

I am not a lawyer, but I sure hope that you have written agreements for all of your boarders stating clearly that they are riding and boarding at their own risk while on your facility. That said, you have to ask yourself some difficult questions.

1) Were stallions and mares turned out together when this boarder first arrived?
2) Was the boarder made aware of any stallions in the field when the boarder arrived?

Beyond these items, I think this boarder would have an extremely difficult time pressing charges against you since it is a self care situation, and the boarder had the option of moving at any time, and has no "proof" of pregnancy or abortion.

If this goes to court, I would argue that you offered self care, that it was clearly advertised as such, and that it is the owners responsibility to ensure that the situation offered is suitable for their particular horse.

I would also look into any applicable state laws on this matter.

I would also seriously consider evicting this boarder as soon as possible, though I am not sure what state laws apply with horse boarder eviction.
Member:
Jojo15

Posted on Friday, Mar 11, 2005 - 11:46 am:

How pregnant was she. if at all... i remember a mare at my old barn who got pregnant 8 times before it took and she foaled. and the mare was in the stallion stalls. The mare was a difficult keeper. and there is NO WAY that everyone would have to tip toe around this mare. Nor should anyone be expected to. The owners i remember tried everything, not once thinking its the BARN's fault for her not staying pregnant. They had her in that aisle because the stalls were the biggest.

Like Fran said, unless their was some serious negligence going on than this guy is just trying to lay blame on something that he can't control.
Moderator:
DrO

Posted on Friday, Mar 11, 2005 - 6:42 pm:

What does he mean by disturb? I think this sounds like nonsense on the surface.
DrO
Member:
Careful

Posted on Saturday, Mar 12, 2005 - 9:18 am:

Thank you all for your interest in and responses to my problem.
By "disturb" the client means: other clients driving parking their cars and riding their horses (at the walk) in a lane along the fenceline of the paddock in which the pregnant horse is kept, and the occasional straying of another client's two dogs into the paddock. This has been considered normal farm yard activity
for years and and has not brought any complaints before.

I believe I have good self care agreements with liability releases but have no provisions for dealing with pregnant horses.
Based on your advice I am seeking legal counsel to deal with this and prevent future problems.

ps: I'm a new member and am very impressed with the site and the quality of the postings.
Moderator:
DrO

Posted on Saturday, Mar 12, 2005 - 12:35 pm:

Certainly sounds like routine behavior that would not effect a pregnancy. Did the dogs ever chase the mares?
DrO
Member:
Careful

Posted on Saturday, Mar 12, 2005 - 2:52 pm:

DrO,

No, based on my personal observations and others not connected with the owner of the allegedly aborted mare.
But two people claim to have seen the dogs charge or chase the mare.
Moderator:
DrO

Posted on Sunday, Mar 13, 2005 - 7:50 am:

A one time chase by 2 dogs is not going to cause a mare to abort MJK but I suspect this is what has caused all the trouble.
DrO
Member:
Christos

Posted on Sunday, Mar 13, 2005 - 12:58 pm:

Upon receiving such a complaint,I'd immediately call a state vet, a coroner of some kind to have the mare examined.
Then, as I expect the vet would see no clue of an abortion in this case, I'd sue this guy to hell for damaging my business and giving me a headache.
Even if it is late for such an examination, since this guy has no vet's report in his hands, I'd sue him anyway for damaging my business by spreading unsupportable blaims.
Member:
Christos

Posted on Sunday, Mar 13, 2005 - 1:14 pm:

This guy rented a paddock with a normal fence.
That's what he paid for, that's what he got.
Had he wanted his mare totally protected from dogs, chicken, rabbits, rats, snakes etc, he could rent a fort of some kind or the intensive care room in a hospital.
By the way, the fact that he pays rent for this paddock usually means (in a court) that he inspected it and found it adequate for his standards. Especially so if he was turning this mare out in this paddock himself or if he had asked you to do so.
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