filly had to be uthinized do to both front legs broke, read
Moderators: Roguelet, hpkingjr, WaveMaster, madelyn
I did independent study with a few other students at OSU in the spring with some yearlings. I didn't have much horse experience, and defintely went to my friends and prof for advice on working them. Another girl liked to really longe hers...like 20 minutes or more at canter and trot. One day she decided to free longe a filly who was spazzy to beginning with. I was in class at the time, but the filly freaked out and instead of staying in the arena she decided to jump out. She made it over with her front feet, but apparently wasn't tall enough and got hung up behind. Scary situation, but she was ok. I started working with her from then on and she was jumpy, but still a pleasant gal to work with, and would always try to please. She was just very lucky that she didn't injure herself.
-
RainbowspringsTB&QH
- Weanling
- Posts: 26
- Joined: Sat Sep 10, 2005 9:02 pm
- Location: Roseburg OR
- Contact:
In the contract for the stable it said that all equipment in arena is to be put away after use. These jumps were the standard jumps with cups to hold the pole in place but the braces were pushed way to close together for it to just fall off. Her left leg had a copound fracture and her right was disconected. the vet said that if only one leg had bin disconected it could of bin fixed. The owners of the stables also made a big deal about her being put down in the arena , they were in town at the time of the accident we called them and they told us to just leave her till morning wich wasnt going to happen, they asked us to walk her to her stall to put her down (with 2 broken legs). The vet that was there is going to testify also, i agree the stable would not be atfault if in the contract it did not say that all equipment is to be put away after use. -michelle
- You can take my saddle but never my dreams-
-
Intrinsic Worth
- Starters Handicap
- Posts: 691
- Joined: Sat Dec 11, 2004 2:27 pm
-
Intrinsic Worth
- Starters Handicap
- Posts: 691
- Joined: Sat Dec 11, 2004 2:27 pm
I highly doubt a judge would find a boarding stable negligent for jumping equipment left out in an arena, especially if it was left out by another boarder.
Whoever let the horse out into the arena with jumps is the negligent one here. The owner should not have to check the arena everytime a rider is done jumping. Perhaps the filly's owner should claim responsibility for her own stupidity and not blame it on someone else.
Tell me, did the contract specifically state that the OWNER of the facility will make sure all the the equipment is removed after every use? You see, this would place responsibility on the owner to make sure THEY keep the arena clear. If instead, it kindly asks all boarders to remove the equipment after every use, this does not leave responsibility up to the owner.
Whoever let the horse out into the arena with jumps is the negligent one here. The owner should not have to check the arena everytime a rider is done jumping. Perhaps the filly's owner should claim responsibility for her own stupidity and not blame it on someone else.
Tell me, did the contract specifically state that the OWNER of the facility will make sure all the the equipment is removed after every use? You see, this would place responsibility on the owner to make sure THEY keep the arena clear. If instead, it kindly asks all boarders to remove the equipment after every use, this does not leave responsibility up to the owner.
Last edited by Intrinsic Worth on Mon Dec 05, 2005 7:09 am, edited 1 time in total.
All men are equal on the turf - or under it.
Everytime I try to settle one way or the other I change my mind, the obvious point that she should've looked in the arena first being what stalls the whole thing. Doesn't sound like the stable owners were very good folks given the suggestion to walk a horse with two broken front legs to her stall for euthanasia or leave her til morning? Poor thing. The thing is, I have no idea about the teeny tiny legalities that go along with stable contracts and liability. It varies per state.
The thing is, it's still an owner's moral responsibility to check things out before they turn em loose even if they manage to find something else to injure themselves on. I can't conceive of it being okay to not look. Heck I get nervous if there's equipment in the middle of the ring when I'm doing figure eights..never been a fan. She could sue all she wanted but it doesn't bring the horse back and she could've prevented it with simple common sense. I'll guarantee you the stable will never believe they were at fault whatever happens in court and even if they were, she could've caught it by paying attention. Hard lesson to learn and I hope the pain plus a little more experience makes things work out much better in the future. Sad thing for all concerned.
The thing is, it's still an owner's moral responsibility to check things out before they turn em loose even if they manage to find something else to injure themselves on. I can't conceive of it being okay to not look. Heck I get nervous if there's equipment in the middle of the ring when I'm doing figure eights..never been a fan. She could sue all she wanted but it doesn't bring the horse back and she could've prevented it with simple common sense. I'll guarantee you the stable will never believe they were at fault whatever happens in court and even if they were, she could've caught it by paying attention. Hard lesson to learn and I hope the pain plus a little more experience makes things work out much better in the future. Sad thing for all concerned.
RainbowspringsTB&QH wrote:In the contract for the stable it said that all equipment in arena is to be put away after use. These jumps were the standard jumps with cups to hold the pole in place but the braces were pushed way to close together for it to just fall off. Her left leg had a copound fracture and her right was disconected. the vet said that if only one leg had bin disconected it could of bin fixed. The owners of the stables also made a big deal about her being put down in the arena , they were in town at the time of the accident we called them and they told us to just leave her till morning wich wasnt going to happen, they asked us to walk her to her stall to put her down (with 2 broken legs). The vet that was there is going to testify also, i agree the stable would not be atfault if in the contract it did not say that all equipment is to be put away after use. -michelle
You still don't get it at all. The owner of the filly let the filly out in the area with the equipment. End of story. The owner of the barn should sue the owner of the FILLY for negligence and damages, if any. Regardless of what ANY contract says, it is up to the OWNER to exercise ordinary care. AGAIN, if somebody like that sued me I would make it my personal mission that they were NEVER able to board a horse in my state again.
So Run for the Roses, as fast as you can.....
The vet that was there is going to testify also
Sounds like they already plan on a lawsuit? Hope not. They have no case. Scenarios: people using the jumps were busy after their session, untacking horse, cooling out, putting it away, feeding, etc. before they had a chance to remove jumps. someone had set up jumps in preparatioin to work, but hadn't got around to it yet. You get the picture. Could be a number of reasons. Also, just because it's a rule, doesn't mean everyone follows it. I had a boarder who wanted to set up jumps and told them o.k., but they'd have to move them so i could mow. Never happened - ended up moving them myself all summer and kicked person and her jumps out after 3 months of "non-compliance". Also had a person who wanted to leave their horse trailer here and I said, "fine, but you have to weed-eat around it." Also never happened and made them move trailer after it was obscured by surrounding growth! LOL This is a typical case of someone looking for someone else to blame instead of taking responsibility for their own actions. While the barn owner's response was totally inappropriate and certainly doesn't cast a very favorable light on them, they're STILL NOT RESPONSIBLE for the horse's demise. This was just a tragic accident and they need to get over it and move on!
Sounds like they already plan on a lawsuit? Hope not. They have no case. Scenarios: people using the jumps were busy after their session, untacking horse, cooling out, putting it away, feeding, etc. before they had a chance to remove jumps. someone had set up jumps in preparatioin to work, but hadn't got around to it yet. You get the picture. Could be a number of reasons. Also, just because it's a rule, doesn't mean everyone follows it. I had a boarder who wanted to set up jumps and told them o.k., but they'd have to move them so i could mow. Never happened - ended up moving them myself all summer and kicked person and her jumps out after 3 months of "non-compliance". Also had a person who wanted to leave their horse trailer here and I said, "fine, but you have to weed-eat around it." Also never happened and made them move trailer after it was obscured by surrounding growth! LOL This is a typical case of someone looking for someone else to blame instead of taking responsibility for their own actions. While the barn owner's response was totally inappropriate and certainly doesn't cast a very favorable light on them, they're STILL NOT RESPONSIBLE for the horse's demise. This was just a tragic accident and they need to get over it and move on!
-
RainbowspringsTB&QH
- Weanling
- Posts: 26
- Joined: Sat Sep 10, 2005 9:02 pm
- Location: Roseburg OR
- Contact:
I wasnt for them sueing the the stables in the first place, if it was my horse i would of just took there condolences and payed more attention to my other horses and learned a lesson from the accident. I guess they have nothing to loose if they want to only more money. This filly was one of the best horses i had the honor to work with the first day she had a saddle on she was doing whatever i asked of her. it was a shame to see her go so young she had a bright future i was considering buying her actualy. But as i said things like this sometime happen and well theres nothing you can realy do about it theres no bringing her back. So the only thing i disagreed with the stable about was them saying to leave her till morning or taking her to her stall to put her down. I myself would never board my horses there just because its not as safe as i like my horses to be ( there is nails sticking out of the walls here and there) and the turnouts are very muddy in winter. But thanks for all your input its greatly appriciated.
- You can take my saddle but never my dreams-