I have a colt who I have not gelded due to being a stud prospect and sending him to a high end trainer come his two year old year. I placed him with a trainer close to home to teach him patience and ground manners. This trainer also owns this barn/boarding facility. She has a few other horses on the property. She placed my colt next to a filly when he first arrived. Fence damaged happened and she blamed it on my colt. However the fence was pushed in towards him and filly’s knee was swollen and had cuts on her face. The fence is a no climb fence. Trainer admitted to not seeing what happened, but charged me $300 because it couldn’t have been the filly who caused it. I paid it because I wasn’t in a position to move him at the time, and I wasn’t arguing over it. Filly left and trainer then placed my colt directly next to her mare. Fence line is only about 50 inches tall (4 ft) throughout her entire facility. Trainer does not have an electric line running over any of her gates.
I get a phone call from her demanding that I pick colt up immediately on a Monday evening (contract states I have 7 days). So she broke contract there… She yelled at me and told me she wanted him gone the following day. So I picked him up within 16 hours of her phone call. She yelled at me and said that the colt jumped over his gate and entered her mares pasture, and was not sure whether he bred her. However, upon arrival that morning when I loaded him, there was no damage to her mares fence or gate and she was charging me for damage to his gate. There was no possible point of entrance into her mares fence. I questioned her how my colt got into her mares pasture. She still has not shared that with me. All she does is yells at me and continues to point blame at me.
I paid her for two months of training of $1200 ($2400 total). She broke the contract and owes me $400 but insisted I pay for her gate. She also is insisting I pay for her mares LUTALYSE shots because she does not know if they bred or not. My colt has one testicle that has dropped. She also is insisting I pay for her mares care because she has a hemotoma on her chest under the left shoulder muscle and blames my colt.
When I asked for the camera footage from her cameras on site, she insists the camera wasn’t pointing in that direction.
My question to you all… This is supposed to be a professional trainer.
Question for you all that may have knowledge on South Carolina Law…
Did this trainer neglect to care for my Colt in the proper manner by not providing the proper fence line for him (Since his a stud colt) and not ensure there was electric line running over top the gate to deter him from jumping the gate (I have pictures). Also, did she set him up for this situation by placing him directly next to a mare (they shared a 4 feet fence line).
Who is responsible for these damages and who is responsible for her mares care? I would really love to hear from someone who has experience in this type of situation or someone in law.