Use the navigation bar above to access articles and more discussions on this topic.
| Author |
Message |
    
Vicki
Member
Username: Horse4u
Post Number: 31
Registered: 1-2005
| | Posted on Sunday, Mar 19, 2006 - 8:48 pm: |   |
The barn I board at just issued a boarding contract that protects the barn owner but the horse owner is liable for basically everything that might happen to our horse due to the neglect of the barn owner, employee, contractor etc. None of us are happy about it. What's the best way to see if this is legal? Even wants us to pay his legal fees if there is a problem on his end and we seek damages. |
Ann
Member
Username: Lilly
Post Number: 141
Registered: 2-2005
| | Posted on Sunday, Mar 19, 2006 - 9:54 pm: | |
Here is a website that may help:
http://www.equinelegalsolutions.com/index.html
Ann |
Vicki
Member
Username: Horse4u
Post Number: 32
Registered: 1-2005
| | Posted on Monday, Mar 20, 2006 - 9:36 am: | |
Thank you for the information and I might call them for their free 15 minute consult. It seems though that the site is more for the farm owner rather than the boarder.
Have others of you had issues with contracts? If so, how did you handle them? One wants to cross out and refuse to sign certain things. I think we should have someone look over the contract and then approach the owner as a unified front. It's a small place and has always been pretty relaxed. We all get along and are responsible adults.
Thanks! |
Ann
Member
Username: Lilly
Post Number: 142
Registered: 2-2005
| | Posted on Monday, Mar 20, 2006 - 2:57 pm: | |
Does the owner of your barn carry farm insurance? If so, it would be interesting to see WHAT is covered. Is it just the facilities, the horses, trailers parked on the property, etc. As a boarder you have every right to now what coverage he is carrying and how it effects you and your horse.
I just thought of this today. Two days ago I discovered a folder at the barn with the insurance contract in it - with the current bill. It was an interesting read.
Ann |
Vicki
Member
Username: Horse4u
Post Number: 34
Registered: 1-2005
| | Posted on Monday, Mar 20, 2006 - 8:16 pm: | |
Hi Ann,
Thanks. Did the owner give you a copy or did you just stumble on it? Also- was he going to charge you for part of the insurance? What did you mean by an "interesting read"?
Thanks,
Vicki |
Ann
Member
Username: Lilly
Post Number: 143
Registered: 2-2005
| | Posted on Monday, Mar 20, 2006 - 9:41 pm: | |
Hi Vicki,
The folder from the insurance agent was in a central location where we leave each other messages. It was like it was dropped off for the barn manager. The barn that I board at is located behind a privately owned house. One woman (the barn manager) rents the barn and acreage and then rents out the stalls. There are 7 horses total. Two belong to the barn manager.
It was just interesting because I was amazed at how much insurance coverage the horses had. Our barn manager has really covered her a@@. I also found interesting restrictions concerning the horses coverage - like not being covered should they leave the property (which makes sense). That's just an example. I took out a liability policy for my own horse but it looks like it was money wasted - he was already covered. Are you a member of USEF? Their membership comes with an insurance policy.
I believe that as a boarder you should be covered in the following areas. You should have coverage to protect you if your horse: damages the farm property, damages people or fellow horses on the farm, escapes and damages property or people off the farm. Also, what would happen if a pedestrian stopped to pet the horses and got a finger bit off? Are you covered? I honestly don't know if I am. There have been some heartbreaking stories on this website about horses being hit by cars and the driver being fatally injured. That could be financially devastating for the horse owner as well as heart breaking.
Oh, by the way. I currently do not have a boarding contract.
Ann |
Ann
Member
Username: Lilly
Post Number: 144
Registered: 2-2005
| | Posted on Monday, Mar 20, 2006 - 9:43 pm: | |
Sorry,
I forgot to answer one of your questions. No, I am not charged extra for insurance. It is included in my board. I currently pay $300 a month and that includes all my feed.
Ann |
joj
Member
Username: Jojo15
Post Number: 652
Registered: 12-2003
| | Posted on Wednesday, Mar 22, 2006 - 10:35 am: | |
Vicki,
what does the contract say exactly. Look up some old posts because i know i put up old boarding contracts from a barns perspective. We had this conversation about 3-4 years ago. It should still be in the archives.
As for the legality of it? gotta check with your state. and most contracts (horse or otherwise) have a damages clause that will say the instigator will pay all charges if judgement is not in your favor (not in those words) but you need to figure out if this is all worth it or just move.
Are you on full board or partial? and yes check to see if and what kind of farm insurance they have. There is a minimun they can pay that covers only the barn and outbuildings and not necessarily liability. My old barn did this and we were livid. Meaning if there was a fire the building was covered but not the horses, tack, feed, etc. And then when they changed it, they also only had half the horses covered. Never expecting to be at full calpacity, but they always were.
Boarding contracts should be to cover the barn in case of non payment. or abuse. or horse owner neglect. liability in case a horse hurts someone, etc. it shouldn't be to use as a shield for a lazy barn owner. |
joj
Member
Username: Jojo15
Post Number: 654
Registered: 12-2003
| | Posted on Wednesday, Mar 22, 2006 - 1:23 pm: | |
Vicki,
what does the contract say exactly. Look up some old posts because i know i put up old boarding contracts from a barns perspective. We had this conversation about 3-4 years ago. It should still be in the archives.
As for the legality of it? gotta check with your state. and most contracts (horse or otherwise) have a damages clause that will say the instigator will pay all charges if judgement is not in your favor (not in those words) but you need to figure out if this is all worth it or just move.
Are you on full board or partial? and yes check to see if and what kind of farm insurance they have. There is a minimun they can pay that covers only the barn and outbuildings and not necessarily liability. My old barn did this and we were livid. Meaning if there was a fire the building was covered but not the horses, tack, feed, etc. And then when they changed it, they also only had half the horses covered. Never expecting to be at full calpacity, but they always were.
Boarding contracts should be to cover the barn in case of non payment. or abuse. or horse owner neglect. liability in case a horse hurts someone, etc. it shouldn't be to use as a shield for a lazy barn owner. |
Stephanie
Member
Username: Horse4u
Post Number: 35
Registered: 1-2005
| | Posted on Wednesday, Mar 22, 2006 - 4:17 pm: | |
Thanks for the advice. I am going to have an attorney look it over. One of the items in the contract, basically says that whatever happens to the horse, whether it is negligence on the farm and/or their employees/contractors is that I'm liable for any expenses plus his legal fees if any or those are incurred. I don't mind paying for something if I am in care and custody of my horse, but if I am paying someone to board my horse and the horse gets out because of negligence (employee leaves gate open)and does damage, gets killed or kills someone I don't want to be sued. Also, if a contractor leaves a pitchfork in with the horses (which has happened) why would I be responsible? I think barn owners should be responsible for their property in that they keep their fences in good repair and remove dangerous items that horses could get into. By the way, my horse stays in a pasture, not a barn.
Are these "no fault" on farm owners part contracts legal in Maryland? What insurance are barn owners required to carry? |
Ann
Member
Username: Lilly
Post Number: 145
Registered: 2-2005
| | Posted on Wednesday, Mar 22, 2006 - 5:45 pm: | |
Have you checked with the Maryland Horse Council? I did a quick check on their website and found this:
Maryland State Law, Article 27, Section 59 requires that any person having the charge or custody of an animal must provide "nutritious food in sufficient quantity;" "necessary veterinary care;" "proper drink;" "air;" "space;" "shelter;" or "protection from the weather."
Maybe there are more laws concerning insurance.
Ann |
Stephanie
Member
Username: Horse4u
Post Number: 36
Registered: 1-2005
| | Posted on Wednesday, Mar 22, 2006 - 7:40 pm: | |
I just checked the site and emailed them for some information as to where I can get info on insurance etc. Thanks! |
Sally Cobb
New Member
Username: Scobb
Post Number: 5
Registered: 12-2006
| | Posted on Sunday, Dec 17, 2006 - 10:13 pm: | |
Liability insurance for horse owners is wise. Even if the boarding facility also carries liability insurance, that only covers THEM, if they are sued because of something your horse does to property, people, another horse, etc. If someone is injured by your horse, they will sue YOU, AND the ranch owner, AND the ranch manager, AND everyone they feel like naming.
Equisure (USA Equestrian's insurance company) seems to be a good option for horse owners. Many homeowners policies also include coverage for your horse. Many facilities in Orange County and Los Angeles county, require each horse owner to carry a $1m/$2m liability policy with the barn owner named as an "additional insured". With this insurance requirement, if a claim is filed, the horse owner's insurance is used up first, then the barn owner's insurance. Think about this: if a loved one suffers irreparable damage from a horse, what money value does someone place on that injured loved one? Thanks to the attorneys who convince people to sue, one can never have too much insurance! In 1958, a relative of mine was admitted to the hospital for an appendix removal surgery. He awoke to find that he had been circumcised! In those days people weren't so sue happy, and he didn't sue. Can you imagine the lawsuits of today, should a hospital make that mistake? |
Alicia Kost
Member
Username: Aannk
Post Number: 670
Registered: 7-2003
| | Posted on Monday, Dec 18, 2006 - 11:47 am: | |
All,
Membership with the USEq includes free 1 million dollar liability insurance. Just for your information.
Alicia |
