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Discussion on Horse kicked who is liable?

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sandy waltz (Sandraw)
Posted on Friday, Nov 17, 2000 - 10:34 pm:   Edit PostPrint Post

I free leased my horse to my cousin who is 14 last year. They decided to board him at a local farm not more than 5 miles from my house. Three days ago the horse suffered a tramatic injury which shattered his upper radius by the elbow while in the pasture. I recieved a phone call from my cousin's mother who informed me that the horse had broke his leg. I told her to call a vet and I would be there within 15 minutes. When I arrived at the farm, the vet already put the horse down without my permission. Is the vet negligent or the owner of the barn for putting down the horse without my permission? Also, owner of the barn claimed that the horse tripped and fell, but I later found out that she was not present when the injury occured. I asked vet and she could not determine whether it was from a fall or a kick. And on a side note, I did not sign a boarding contract with the owners. Do I have any recourse for reimburshment of the purchase price of the horse? Thanks
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Angela Spucces (Rubysmom)
Posted on Saturday, Nov 18, 2000 - 2:00 am:   Edit PostPrint Post

I can't help you, but I am sorry for your loss.
I think they should have tranqed the horse and waited for you to get there, IMO, they were wrong.
What kind of agreement did you have with your cousin in regards to moving the horse? Did she get your permission?
You may have a case with the owner of the barn, as she took the horse in without proof (or approval) of the owner.
Hope you can resolve this...condolences to you.
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Robert N. Oglesby DVM (Dro)
Posted on Sunday, Nov 19, 2000 - 8:58 am:   Edit PostPrint Post

Angela, tranquiling a horse with a broken leg is a mistake: he may stumble about attempting to use the bad leg and fall down struggling. Better that he have all his faculties to stay up.

Sandy it is unclear what your grievance is: that your horse has a broken leg or whether you wish he had not been put down.

I would not advise anyone with a horse with a "shattered upper radius" to attempt to treat it unless they were willing to invest hundreds of thousands of dollars, 24 hours a day monitoring for months, and accepting a poor prognosis for sucess from the outset. The specific nature of the injury may even make this scenrio optimistic.

It strikes me that your horse was put in conditions that were acceptable to you before the broken leg. Who would you like to say is responsible for the broken leg?
DrO
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Teresa Alexander-Arab (Teresaa)
Posted on Tuesday, Nov 21, 2000 - 9:00 pm:   Edit PostPrint Post

Hi Sandy,

I'm sorry for your loss and realize how angry you must feel. But remember that feeling anger doesn't mean that someone's to blame. I know it must of been hard to arrive and find your horse put down. But remember that it was with his best interests in mind. I also board my horse and I want the owner to do what's best for him in case she can't get in touch with me. Of course this has to be with an owner you trust. You can count yourself lucky that she saw it and responded right away. I've known of owners who have ignored injured horses because it's inconvenient. Unfortunately, no matter what we do, horses can be hurt either through a fall or a kick. Unless you can prove negligence (unsafe pasture, or your horse put with another known to be vicious), I don't see how it's anyone's fault.

It's a tragedy and you have my prayers.

Teresa
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Elizabeth Anderson (Liza)
Posted on Friday, Nov 24, 2000 - 8:27 am:   Edit PostPrint Post

For your reference in the future, there is an excellent form provided by the Piedra Foundation which covers emergencies when the owner is not there. http://www.piedra.org/news_tips/emergencies.html
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Imogen Bertin (Imogen)
Posted on Friday, Nov 24, 2000 - 1:11 pm:   Edit PostPrint Post

Hi Sandy

I'm really sorry for your sad trouble. I just want to put the "other side" of the issue regarding severely injured horses being put down in the absence of the owner. Recently at a nearby livery stables a mare which had foaled three months ago was found down in the field and appeared to have colic symptoms. When the vet arrived he diagnosed that she had severe peritonitis from a burst gut and would die within twelve hours, in extreme pain.

The liver stable owner made huge efforts to contact the owner who was away. The owner's father, knowing how very attached his daughter was to the horse, was unwilling to give the vet the OK to put it down. In the end the livery stable owner had to make the decision. The owner was obviously very upset when she found out but she was delighted with the livery stable owner and the vet because she would not have wanted her horse to suffer a minute longer than necessary once it was clear nothing could be done - in fact she was pissed off with her father (poor man! damned if he did and damned if he didn't) for not giving them the OK straight away.

I know it probably doesn't help but maybe your horse's sad end was just "one of those things" and the vet did the right thing in the circumstances?

All the best

Imogen
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sandy waltz (Sandraw)
Posted on Sunday, Nov 26, 2000 - 12:54 pm:   Edit PostPrint Post

The problem is that I felt that the owner of the boarding stable was negligent because they knew that a kicker was in the pasture and failed to do anything about it. Unfortunately, I was at arms length with the horse so I shoulder some of the responsibility for not demanding that they move the horse to a suitable boarding facility. The leasees of the horse are novices at horse management and chose to believe the myths and fairytales that the owner decided to weave regarding previous injuries to the horse. For example horse came in from the field with a puncture wound and the owners of the boarding facility said the horse was gored by a deer since it was rutting season. What a load of crap! I decided not to pursue this legally since the value of the horse is insignificant. As for putting the horse down, the owners were away at work and did not notice anything wrong until later that night when they went to bring in the horses. For all I know the horse could have broken his leg at 8 in the morning and was not put down until 8 that night. Still, I'm concerned that people who make decisons without proper consent are looking for a lawsuit. If this was a human child with a life threatening situation, I'm sure a MD would not put down the child without proper consent. I'll chalk this up to a learning experience and leave it at that.
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Lori Motlagh
Member
Username: Lorim

Post Number: 2
Registered: 12-2004
Posted on Monday, Dec 27, 2004 - 6:16 pm:   Edit PostPrint Post

Sandy,

A medical professional be it human or animal has to make judgement calls in emergent situations. They cannot nor should not refuse medical treatment and care.
Yes, you should have been notified first and been allowed to be there since you are the horses owner. However, it does not sound like the outcome would have been any different. I'm sorry for your loss, but I think you need to be thankful that your horse did not have to suffer any longer. This was based on the vet's expert opinion.

It will be very sad to find out if your horse suffered all day due to the fact that they do not have someone on staff while they are at work. I would NEVER board someplace where my horses weren't beening watched. They can get into way too much trouble.

Again, I'm very sorry for your loss! This is a horrible way to have to lose an animal.
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