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Ocala Horse Death/ struck by car - Need your help!

I’m so glad your horse is sensible and stopped. That could’ve been a terrible wreck with a young, inexperienced horse. Holding on is noble, but if a horse loses their mind, they could trip over or step on you.

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Very sad story.

Has anything been posted on the Ocala specific horse groups on Facebook? I think there are a few of them.

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Yes. People are sharing and looking and posts are on the Ocala groups.

In Florida you are liable. Years ago a saddled horse ran out from a side dirt road into a main paved road and was hit. Killed one person in the car and badly injured the other. For years they put flyers up at the local feed store on the same paved road looking for any information on the horse owner so they could hold them accountable

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Several years ago my horse got loose and a vehicle was damaged when they swerved to avoid the horse. I was liable for the damage to the car. I paid it out of pocket unofficially rather than going through insurance because I was just so relieved that nobody was hurt and the damage wasn’t too bad.

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What type of liability coverage would that type of scenario be under?

I ran into someone who got sued for a tremendous amount of money. Someone was riding a green barely broke Arabian down the street and her dogs supposedly barked at the horse. The horse threw him and she got sued. Apparently he claimed the dogs got out and spooked his horse. No witnesses to refute his claim. She claims her dogs were used to horses because she had horses and didn’t leave the property…

my homeowners policy covers all personally own animals, I specifically told them we have horses that ours, reply was covered under the liability section

"d. Is caused by an animal owned by or in the care of any insured

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Depends on if it’s a business or personal farm. If it’s a business your commercial general liability policy would cover the actions of your employees (in this case if true where they left the gate open).

If it was a personal farm your homeowners/farm owner’s liability would cover it. Which is why it’s so important to make sure your insurer knows there are horses on the property and any and all activities that are happening.

Some organizations also carry liability insurance for members. For example in Ontario our Ontario Equestrian membership offers liability coverage for things like this for your horses involved.

Is this the point at which you asked if I still wanted him? :rofl: Glad you’re okay!

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Or drag you to your death.
Years ago a young mother was killed when the horse she was leading spooked & dragged her.
Leadrope got tangled in her hand so she was unable to let go.

Re: insurance liability
Insurance companies go after everyone.
Subrogation assures any & all parties involved can be sued for damages.
A friend had custody of another’s horse, kept on his property.
Gate failed & horse was hit & killed by a car.
Driver is suing horseowner, friend & friend’s daughter, whose name is on the property title.

@Xctrygirl Sorry for your friend’s loss.
So hard to not be there in the case of tragedy like this.

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I feel terrible for the owner of the horse, who must just be distraught and grasping for details. But I struggle to see how a loose horse is going to be viewed as “other property which is driven or attended by any person” – a loose horse by definition is not attended by any person. That statute seems designed to require people to exchange information at the scene of the accident when there is another person present whose property was damaged.

I think it is far more likely that the owner or the people with custody of the horse would be at risk of having the truck owner seek to recover for the damage to the truck, and as awful as it is the owner may want to check their insurance coverage (though certainly in the owner’s shoes I’d be looking to the barn who was responsible for the horse to indemnify that). But the fact that the truck driver left the scene suggests that they do not know that (unless they were injured and went for treatment). Sad sad day for all involved.

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I think in most states horses are typically classified as “livestock” not “domestic”

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So was having this convo yesterday with my barn manager re: 2020 lockdown and whether a horse was livestock. He said horses are classified as pets but I don’t know if he is correct.

For anyone curious, a quick google search of state laws answers that question for any state. This is the Florida law provision:

588.13 Definitions.—In construing ss. 588.12-588.25 the following words, phrases, or terms shall be held to mean:

(1) “Livestock” shall include all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals.

Also, clicking through the links in that statute, I stumbled across this additional provision which likewise suggests it is not the truck owner/driver who should be concerned about liability. So, I hope someone is advising the owner on how far to pursue this, because it seems like it could possibly make an already awful situation worse :frowning:

588.25 Application; limitation.—The provisions of ss. 588.12-588.25 shall not apply to counties having special laws or general laws of local application requiring the confinement and restraint of livestock; provided, however, where the provisions of such special laws or general laws of local application do not prohibit livestock from running upon or straying upon the public highways, or the provisions of such special laws or general laws of local application do not provide for liability of owners of livestock for damages and injuries caused by such livestock, or provide less severe penalties than imposed by s. 588.24, the provisions of this act shall apply in each such case as if the provisions hereof were inserted in full in any such special law or general law of local application.

588.24 Penalty.—Any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon the public roads of this state or any person who shall release livestock, after being impounded, without authority of the impounder, shall be guilty of a misdemeanor of the second degree.

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I’ve seen this posted down here on all the local sites.
Quite honestly, the amount of uninsured drivers tooling around Florida is astounding. My husband was hit by one that produced a fraudulent Progressive card and we ended up having to pay for damages on our own vehicle for that a$$hat’s illegal turn that resulted in him hitting my husband. Also, ironically, a dark pickup.
I’m a little surprised at them pressing so much to find the driver. This could easily turn into a reversed situation where driver sues owner for damage to vehicle, which is horrific, but entirely possible.
Unclear if the “hit and run” portion would cancel that argument, but still…
Regardless, it’s not the first horse to be hit this winter circuit bc it was out on the road and it’s terrible. Gates being left unlocked, idiots stealing gates, crazies letting horses loose… all real things happening and occurring this winter… it’s really just terrible and the animal pays for the human stupidity. I’m so sorry for the owner. That’s got to be devastating.

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My first thought was the same … uninsured or perhaps undocumented.

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Would that prevent the person from suing for damages, though? Or would they get in more trouble for being uninsured?

You can’t get blood from a stone :woman_shrugging:

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Oh you mean the driver suing. Sorry. I’m not sure.

I meant the driver suing the horse’s connections for damages or injuries.

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