Law Suit for Horse Injury?
I have 12 horses, and 1 stallion… I have had horses for my hole life, well.. There is a situation that happend to my friend. She lives next to this couple who have horses also, they have a "mustang" stallion who they use to breed there mares with. They are all roaming free with each other, and they use him for breeding other peoples horses..
This was a very warm spring day, in Middle of March in Michigan, it was about 60 degress, they desided to take there stallion for a walk down the road, my friend says her kids were home all day playing in the yard, they make "kid" noises with plastic wissles and stuff there kid was about 9 years old.. She got a call from the police, later that night. saying her kids were blowing "Fog horns to agatate" the horses during the day and caused the horse to rear up and strike her in the face… There was no fog horn only, what was called a "recorder" or like a flute. She was told the couple is suing her insurance company for her injurys.
Filed under: Pet Insurance
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Don’t bend to their pressure….they’re looking for "cheap" money. They were out on a public thoroughfare, not a private driveway and took their chances with that horse. Could have been anything, a car backfiring, a train whistle, a bicyclists bell, loud exhaust, etc. Your friend should request a copy of the police report and then contact an attorney. They were aware of the risks when they walked down the road; were they fully prepared to keep control of the horse if/when he spooked??? The horse is their responsibility and they took a calculated risk and lost. What do you suppose would have happened if they lost control of the horse and he ran over the kids…..???
I have to say I know no one who owns a stallion that would walk the horse down a road…most have too much money invested in them to take the risk. File all of this under being totally retarded. They don’t like kids.
Well, anyone can sue for anything, but whether they win or not is the issue. I assume that your friend has a reputable equine liability insurance provider? If so, they will probably fight this because the neighbors should be considered equine professionals and be held responsible for their own injuries with their own horses. But you never know how this can turn out…..I have read about quite a few cases where someone like your friend was obviously in the wrong, but the case still got thrown out….
Your friend doesn’t look like she is in the wrong, the neighbors are responsible for their own injuries obtained by their own property, but be prepared for a fight….because people will sue for stupid things.
Also, how do they know what insurance company to sue? That stuff should be private and if your friend has equine liability insurance, she should not make that known to neighbors, friends or clients. It puts you at greater risk of being sued (for stupid stuff like this) and I know that my insurance company recommends that I don’t make it know that I carry coverage.
She has no case. Unless the children were on her property doing those things without her permission she might have a case. It is the responsibility of the horse owner to control her horse. Anyone who takes a horse out should know the possible hazards that could happen. She can’t expect kids to stop being kids just because she is out with her stallion. Even if the kids had a fog horn it wouldn’t matter. She should have maintained control of her horse. She shouldn’t be taking out a horse she can’t control.
She has no case the children where in there yard another case of a person trying to make money. People will sue over anything now.
Well I hope the lady gets better soon. No fun being struck in the face and all. It was her horse that hurt her. Could have been anything to set off the animal.
sounds pretty hokey to me..horses only rear to protect themselves or the herd..they run from loud noises unless they are desensitised to them..my question would be if the horse was aggitated that bad what was she doing that close to someone elses horse?has there been any domestic abuse from this couple?was there any hospital records from this? a good insurance company should investigate this for insurance fraud..
Sounds like a load of BS to me. I highly doubt this lawsuit will get anywhere…a consultation with a competent attorney will give you more of a feel for it, but honestly, this is really a stretch. Horses and stallions by their very nature are dangerous and it will take about 5 seconds to prove that in court (I doubt it will ever go to a judge, though.)
In most states it is the owners responsibility to keep their horse under control. Normal noises can not be used as an excuse to sue. But that is most states. Some states (IL is one) people can sue for anything.
I would get a copy of the police report. If there is no evidence of a fog horn and the cop just took the persons word for it. A charge of slander can be issued and a counter lawsuit initiated on that account.
If a fog horn was involved then your friend may be out of luck. That show willful intent to frighten the horse and is suable in any state.
Your friend’s biggest problem is going to be the ignorance of both the insurance adjuster, and the court system, if it gets that far. And judging by the fact that the cops called, to pass the complaint along, they don’t know anything about horses either. What they have is a police report, on paper, which is not good news.
I interned one summer at a law firm which was handling a horse related injury case. You need to contact your friend right now, tonight, and tell her to call her insurance person first thing in the morning, and say that if the company settles this case without her permission, (which they can and will do), she will sue them too. No joke…insurance companies have no spine, and neither do their lawyers. It’s cheaper for them to pay out a percentage of what they think they have to lose, and then jack up the premiums on your friend. The suit is bogus….you know it, I know it, and so does everyone else….but you would not believe how ludicrous this is going to get. Your friend first needs to explain to her insurance company WHY this case has no merit…then worry about the rest of it. Tell her to remember this is not about what is factual…it is about the colossal ignorance of non-horse people (and those who think they know it all), and what they thinks sounds reasonable.
If the kids were on their own property, and it wasn’t past a curfew time, and the noise wasn’t unreasonable to what kids do, it should not get any farther than just hard feelings. But this is America, and anyone can sue for anything. Reading the posts in this section alone should tell you that reason and logic do not always carry the day.
People will say "they have no case", and that is true. However, having said that, plenty of people have cashed big checks that represent a fraction of what they asked for, but are still bigger than most people’s annual income, on cases with far less merit.
"WARNING
Under Florida law, an equine activity sponsor or equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. Fl. statute 773.01"
Got anything like this in Michigan laws? It’s not something that most would know about, even some horse owners. If not, might be a good idea to get one in the books.
What about the ‘injured party’, she could be at fault for failing to have the stallion under control.
I do not think the couple has a case.Due to the fact it is her horse,she is responsible in having control over her horse. There is alot of loose ends in the situation.I would assure your friend any courtroom would not waste the time on this case, there is no hard evidence besides the lady’s injury and who is to say that kids "playing" had anything to due with it?
Unfortunly everyone is sue happy these days. Best of luck to your friend.
Well…anybody can sue anybody for anything, so no, I’m not surprized.
Sad thing is, too many insurance companies settle rather than fight because it’s cheaper in the short run.
Depending on your state the laws will differ but here are the basics.
She can sue anyone she wants – it’s just a matter of whether or not she will win.
Your insurance company will have attorneys to deal with it so you should only have to cooperate.
Call your insurance company and make sure they have "your side" and understand everything.
You may run into a problem if your insurance company doesn’t cover any liability arising from your horses – in that case she will end up suing you and you will have to go to court to defend yourself…. assuming you get a reasonable judge you shouldn’t have a problem winning but it will be a big pain….
It won’t be fun but, in the end, she should be fine.
I am assuming that she has documented everything, right down to time lines and called her insurance company…the whole thing is absurd, they are just trying to cash in on their ignorance. Let the lawyers fight it out, I would think that their case is so full of holes that it won’t hold water. Your friend should ask her attorney to sue for all of her expenses as well, so this doesn’t end up costing her a dime. Oh yes, and if she works, loss of work.