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Discussion on What recourse do I have?

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Sharon Thomas (Sefiroth)
Posted on Friday, Jun 8, 2001 - 7:07 pm:   Edit PostPrint Post

Yesterday I went to bring back my hackney pony mare from being bred. I dropped her off one week ago on July 31st. When I arrived at the farm, the pony was very depressed and sore on her back end..from foot to rump it seemed. I started to put it up to her being a maiden mare and me being a "maiden" owner, not having experience with breeding before. Then the stud's owner mentioned that she had bled after being bred. She didn't say when (the mare had been bred 5 times in 5 days starting the Friday after I dropped her off) but I got the impression it was on the last breeding or so. My friend who was doing the trailering for me and who is a friend of the stud's owner seemed to think it was earlier than that.

I brought her home and she just seemed more in pain last night, straining and trying to urinate frequently, trying to roll but unable to bring her back end down. It was really sad, she'd kneel down on her front with her face in the dirt and her rump sticking up, wanting to but unable to lay down. I knew something was wrong so as soon as the vet's office opened this morning I phoned in to get him out. He examined her with a speculum then palpated her and found she was torn through the first mucus membrane and the inner muscle layer. Luckily she wasn't totally perforated. She's on betamine and penicillin and being flushed daily. On monday he's going to check her again and decide wether or not to hospitalize her. If she has to go for surgery I don't know wether I can afford it since I just spent my savings on a cart and harness for her. Its tearing me apart.

I rather expect the stud owner to at least refund me my stud fee tho the contract states that if the mare dies or becomes unfit to breed, I can substitute another mare for the next breeding season. This pony is the only mare in my possession. Also, the breeding contract I signed states that the stud owner isn't responsible for damages/accidents to the mare and visa versa. I do feel that the stud's owner was negligent in not informing me earlier of the bleeding as well as the total reverse in the mare's personality. I tried calling the owner but only got their answering machine and left a message.

I just don't know what to think at this point, never having dealt with something like this before and it all happening so fast, to me anyway. Poor Sweetie may have been like this since last Friday for all I know...

~Sharon
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Robert N. Oglesby DVM (Dro)
Posted on Monday, Jun 11, 2001 - 6:31 am:   Edit PostPrint Post

I agree Sharon that the stallion owner was negligent in not telling you of the accident but the rest is just risks we accept when breeding. Though I do not know what the law says, it strikes me that the breeder is responsible for any damages that may have been incurred due to the irresponsible act of not telling you as early as was practical about the accident.
DrO
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