I am a freelance groom at a horse show and there was an accident that involved me making a mistake with leaving the horse’s lead on the ground for a second and the horse freaked out and injured itself. It was a mistake but the owner of the horse is refusing to pay and the trainer at the barn I work at is trying to get me to pay. Is there any advice on this? I cannot afford the bill at all. There was no training or anything, etc, so I’m like confused about how it’s legally my fault? But I shouldn’t have made the mistake so there’s that.
Maybe suggest that since (if) you did the job as agreed, but horse was injured, comping the work is the payment for the damage, and you’re even.
But no one here can really help as we don’t know enough about the situation, who do you contact with, what it says, all that. Do you have another groom or friend you can talk to?
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The internet and a horse forum cannot solve your problem. What you can get here may be advice and other people’s own experience, but not what you really need.
You need to speak with an attorney who specializes hopefully in equine law, but likely in what may be called plaintiff law – although you might be a defendant in this. Basically, a lawyer who specializes in accidents. Or wherever they refer you.
You don’t say your location, but if you are in the U.S., many attorneys will give you the first hour free to hear your situation. And, if you would be better off elsewhere, most will make a connection for you to another attorney who can do you more good.
I’ll point out that you have decided for yourself that you are at fault here. But you are not a legal specialist in these matters. Don’t be so sure of your position of responsibility – tell your story to an attorney, and go with their assessment of the situation.
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I am not sure why this is your fault… I don’t want you to describe the situation further here in a forum where it might be found, but I mean, ground tying horses is a thing, leads touching the ground is a thing, horses step on leads all the time. If he freaked out stepping on his own lead that’s too bad but it’s also a very reactive horse. Or maybe it was in a coil on the ground rather than attached to the halter and he stepped in it and got tangled? I don’t know and don’t want to know, but it sounds to me more like an unfortunate accident of the sort that sometimes happens with horses, rather than something that was truly negligent or inappropriate.
If you can find a lawyer for a consultation, that’s a good next step.
You describe yourself as a freelance groom but are you really? Do you do work for multiple clients and control your hours? Or are you actually better classified as an employee? It may be helpful to assess this in the various negotiations you need to do. If you are misclassified that potentially shifts some uncomfortable moments to the trainer.
If you don’t have the money there’s also the question of what exactly they think they can do to collect from you, depending on the size of the bill and what other assets you may have that you prefer not to liquidate.
If you have a contract or release for the work you do as a true freelancer running your own business, read it and remind yourself of what it says.
I’m sorry you’re in this situation, and best of luck at an acceptable resolution.
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Fully agree with poltroon, OP follow the suggestions in that post
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I was a freelance groom on and off for a decade… When an accident happened regardless of who or what was involved: farm truck/trailer, equitment, the horse, myself… etc. The owner typically picked up the bill for damages, etc. Only once was I left on my own to take care of a bill (medical) and it was a huge mess with the owner becoming a complete ass and avoiding me after they said they would take care of the bill.
(bolded mine) This line here makes me think that there is damage to the barn structure (no need to share details) but if that is the case, shouldn’t the trainer have insurance?
BUT I AM NOT A LAWYER and I do not play one on TV. That is NOT legal advice, just an observation.
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It makes me think the trainer hired the groom…
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My brain totally went directly to a vet bill on the horse.
Regardless, if the trainer is in charge of the horse and hiring a groom to take care of the horse, the trainer should typically have a care, custody, and control insurance policy for just such an occurrence.
OP, good luck.
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Great point!!!
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I could totally be off base, they do use the words “horse injured itself” so I am assuming (and we all know what happens when people assume), that the horse and the barn were damaged.
Regardless, you are right… Hypothetially, the trainer should be carrying insurance.
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For all we know based off the OP it could have happened outside the barn too. If seen a few horses freak out in the barn for various reasons without the barn ever being damaged.
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OP: delete this thread
Go directly to attorney that specializes in equine law.
Trainer should have insurance if you were hired by them.
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I don’t think the OP can delete a thread once there are replies to it. S/he can only delete the original post itself.
I believe it takes a moderator to delete the whole thread.
There is another possible point – if this is in the U.S. (a couple of things make me wonder) – I would think that a groom and every employee is covered by the liability statute, up to a point. That is, for an incident resulting in harm and expenses, would it not be the case that the groom is equally protected from being pursued for those expenses? Because the groom is providing care and services on behalf of the barn, being paid by the barn. I’m actually not sure how broad that statute is. Or if it is state by state.
I know that independent contractors providing services on the farm’s premises should carry their own liability insurance, such as coaches and instructors. A groom, though, may not be on the same footing?
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At least delete what they posted.
Not a lawyer here, but a long time employer and farm manager. For some perspective on this issue, I recommend that you do some brief research regarding employment laws, maybe a quick google search about the legality of an employer trying to hold an employee financially responsible for damages incurred while performing your job. (Spoiler alert, it’s against the law–other than a few exceptions.) As an aside here, while your employer may call you a “freelance groom,” with the few details you have listed here I am speculating that you are more accurately (no matter what your employer calls you) more of a temporary or seasonal employee.
I think the best place to start here is to discuss how in normal circumstances such a situation would be dealt with. In the most normal variation, the owner would be upset, perhaps even to the point of moving their business, but all parties would recognize that due to the uniquely high strung and accident prone nature of horses, that it is generally impossible to cast blame with certainty.
In the example of a newer or less well educated owner, the owner might very well try to blame the trainer and expect reimbursement. This almost certainly isn’t going to happen. After decades in the horse industry, I have never heard of a trainer reimbursing an owner for vet bills. (I’m sure it’s happened, but I personally haven’t come across it.) Horses (as mentioned previously) are well known to be prone to accidents and injuries and no trainer could run a viable business and make these kinds of reimbursements.
Most trainers likely have a Care, Custody and Control insurance policy. However, a trainer can’t simply call up the insurance company and ask them to reimburse an owner. If the owner is absolutely convinced that they deserve to be reimbursed, they could file a lawsuit against the trainer for damages. This is almost certain to go nowhere. I know of multiple instances where trainers were wildly careless or purposefully used harmful practices (in some cases as punishments, which is horrifying), and even these seemingly clear cut cases seem to be extremely difficult to successfully pursue. Because again, horses by nature are prone to accidents and injuries.
If I were in your shoes (and I am not a lawyer nor am I giving legal advice) I would not offer any payment or accept any reduction in your compensation or admit any kind of financial responsibility. This feels like some kind of a weird shakedown where the trainer and owner might be trying to inappropriately squeeze money out of someone they perceive as vulnerable.
If it makes you feel better, as an employer and based on the few details you have given, I do not consider you to at fault. If this horse was so valuable and required such precise and exact handling, your employer should have supervised you, trained you, had a more experienced employee handle the horse, or simply handled the horse themself.
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Excellent post, and the OP needs to further explore what could potentially be the employer(Trainer) responsibility here.
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