Horse Killed On Highway Who Is At Fault?
If a horse gets out on the highway and gets hit and killed who is liable? So I boarded my horse in a pasture with two other horses. The area where the horses were at the fencing wasn’t the greatest but it was funtional. Well the property owner decided to move the horses to another area. He stated that they should be fine because it was so grassy that they wouldn’t try anything. He also assured me that he checked the fencing. Well I went out there the 15th of October to ride my horse and all three of the horses were gone. I looked in all the pastures and up and around the guys property and went to the closest neighbor to ask if they have seen any horses. Well by that time it was getting really dark and I didn’t know the area that well so I called the property owners phone and talked to him and waited til he got home. When he did get home he assurred me that he would go look for them and not stop til he found them. So I went home. Not long after I got home he called and said that some neighbors he talked to saw the horses but didn’t try catching them so they ran off. So he tried following them and finally gave up. I told him when he called that first thing in the morning I would go out and continue looking for them. Well at 6amish. I got the call from him that he found the horses…then the phone cut out and I tried calling back. He answered and said that my horse was hit….that was all he said. I left and headed to where he told me she was hit. I did’nt know what to expect. When I got there were cops everywhere and a smashed car. I prayed and hoped it was’nt my horse. But it was….she was dead on the side of the road. The lady that hit her came up to me and told me how sorry she was and that it was a accident and that she would’nt sue me or anything. I told her that I was glad she was ok. The cop that came and talked to me also assured me that it was a accident and that I would ‘nt be at fault. Well in jan ?? I got a letter from the lady’s insurance company saying that I owe her money for the damages to the ladys car and extra for personal reasons. So now I am confused about whose really at fault. Is it me, the property owner or the lady. Ohh and the lady that hit my horse was the same lady that stopped and saw the horses running along the road and tried to help get them out of the road so she knew about them being on the road ( the property owner was out looking for them right before this happened so he missed it by minutes.)
I did talk to a lawyer and got it all figured out……I hope.
Filed under: Pet Insurance
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That depends on the state laws, the road the horse was hit on, and a lot of other factors. The best advise has already been given get a lawyer. You may even find the woman’s ins owes you for the horse not you for the car.
You need a solicitor (Great Britain-speak for lawyer!) who specialises in equine law. Opinion, whoever well-meaning is no use to you in this and may cost you dearly.
The owner of the property the horses were should be liable, unless there is an agreement that someone else is supposed to be caring for the property (Like someone is leasing it) . It is up to them to keep the horses confined and off the public roads- The motorist has no fault, and you shouldn’t be at fault as the animal’s welfare was with another.
However, as you are the owner of the horse, you will probably have to contact and attorney to get it so that it is the barn owner at fault. I hope you had them sign a contract that said something along those lines- ALWAYS do that so you can hold them liable in court.
It’s such a shame that in today’s world you can’t even mourn your horse without getting chased by some insurance company.
Sorry to hear of you loss!! When you get this resolved please let us know what the outc
was?
I knew a fellow who had that happen, the horse had no brand he said he stood there and watched it die and when cops asked if anyone knew whose horse it was, he shrugged his shouolderss and said he didn’t know where it came from. Had he said it was his I guess he’d of had to pay for the the car and the person.
If it was really poor fencing, I would imagine that the pasture owner would be somewhat at fault because of not having adequate fencing.
All areas, states, countries have their own laws, and bylaws regarding fencing, run a way livestock etc etc. you really need to consult a lawyer here. Don’t sign any paper shoved in front of you before talking to your lawyer. insurance companies have a way of holding on to their $$$ and trying to get it from someone involved with the incident. my gut says that the property owner is at fault big time here, after all you are paying him money to keep your horse safe in a confined area. That did not happen and people and the horses suffered for it. Get a lawyer.
If you signed a contract with the property owner then it may be his fault. It was his job to keep up the fencing and such.
I would say the property owner. He didn’t have good enough fencing, then he put off finding his own boarder’s horse? It is in no way the driver’s fault, it’s the same freak accident as hitting a deer or cat. It is an accident.
Years back, a friend of mine had a similar tragedy.
Her horses were boarded on a property that bordered the Interstate. The STATE was replacing old right of way fencing (theirs) and left an open gap. Nine horses were out, three were hit, one was killed, the other two were euthanized.
The state held that the property owner and the horse owners were liable for the horses and damages.
Sorry for your loss and Good luck.
I am not a lawyer but I think the Lady could sue you as the owner of the horse. But, You in turn can sue the property owner as he was in control of the horses and it was his actions that ultimately caused the accident. You can also sue him for the loss of your horse.
The best thing is to contact a lawyer and get real legal advice. The small fee you will pay for a consultation will be well worth it.
I would get a hold of a lawyer and ask them for their professional opinion.
I get a feeling that it’s the property owners fault because he told you the fencing was good, but it obviously wasn’t.
Either way, call a lawyer.
Btw, I’m so sorry about your horse! That is terrible!
Sorry bout wat happened )= it is the property of the places fault cause he was responsible with the fence and the hprse got out and he didnt do anything
Its the horses fault.
im really sorry about what happened! thats awful..do you have any connections to a lawyer? was the horse insured? getting ahold a lawyer would be easiest…how much money do you owe the lady?
i think it should be the property owner.. he should have let you know every move he was making with your animals.. this is a bit horrible..
poor horse.. im sorry about that.. but i would sue the property owner if you didnt know they were moved.
I am so sorry about your loss. That’s terrible.
I would go to a lawyer and check with them.
Personally I do not believe you should be coping the bill for this. It was the property owner that moved them to an unsafely fenced paddock and he should be held responsible. It wasn’t up to you to make sure his fences were safe.
It’s the property owner’s fault for not having good enough fences, and your fault for not taking your horses to a more secure boarding place(you said yourself that the fencing was poor). You should really talk to your lawyer about this(or get one).
Sorry to hear about your horse.
I’m sorry for your loss, that happened to a neighbor of mine a few years back. I’m sure the only reason the kid who hit his horse didn’t sue for damages is because he was driving drunk, and underage.
But, I would assume that the property owner is at fault… He assured you the fences were good, and if they weren’t up to standard then it should be his responsiblity to fix them. Since he didn’t it’s his fault the horse was able to get out. You will probably want to get in touch with a lawyer though, to find out for sure who is at fault.
Again, sorry for your loss
Insurance companies are represented by legal experts. They know who to sue. It doesn’t matter what the lady said. The insurance company is expected to pay on her claim. If you are at fault, they will sue you to recoup their loss.
They are sueing you because you are the horse owner. You can then sue the property owner to prove his fencing was inadequate to contain your horse. Horses belong contained by fencing, and not loose on public roads. It is always the fault of the horse owner when a horse gets loose and does damage of any kind. So, your horse did the damage, and you are legally liable for it. Be glad the lady wasn’t seriously injured or killed. If the property owner provided adequate fencing, of adequate height and integrity to contain an average horse, and your horse got loose, you are liable for any damage done by your horse.
But if the property owner’s negligence can be blamed for your horse being loose, then he may be held liable and you can recover damages from him. The insurance company doesn’t care about whose fault it is that your horse was out on the road. They just care that you own the horse that caused the damage.
Realize that cops are not legal experts and that they deal in criminal law enforcement. What they tell you means very little in civil cases. While the cop wasn’t charging anyone with a crime, this is a civil matter, not a criminal matter. The insurance company doesn’t need criminal charges filed to win a civil action. Your horse didn’t belong on that road, and the law doesn’t see livestock loose on public roads as an accident. It is seen at minimum as a violation of civil law. The fact that the lady is aware that the horse was loose for an extended period of time doesn’t work in your favor. Why this wasn’t approached with any sense of urgency escapes me. A loose horse can kill a family trying to avoid hitting it.
Why didn’t anyone notify authorities when you knew the horses were loose? Why weren’t police setting up roadblocks or something to protect the public long before this happened? You and the property owner just left them loose all night and you knew about that? And knowing that nobody did anything about it, but you don’t know who is at fault when the horse ran out in front of traffic and caused an accident??
Add…. if it was determined that both you and the property owner were aware that the fencing was not adequate to contain your horse, then both of you could potentially have been held criminally negligent, so if all you have to deal with is an insurance claim for damage to a car. I’d feel very lucky and pay the damages yesterday, before this lady lawyers up and claims a whiplash or other injury. I sympathize with you on the loss of your horse, and I’m glad you aren’t dealing with even worse consequences.