I decided not to board at particular establishment because the boarding contract had a clause that stated (paraphrasing here) the barn would not be held responsible for any incident where the horse was injured or killed.
I questioned the management about examples where one of the barn employees neglected to close his stall properly, or the gate on the driveway was left open by a barn person and my horse got out on the road and got hit by a car. Then they say they’re not responsible?
Waivers don’t cover negligence.
A waiver “ends” where there is true negligent or intended malice. I wouldn’t consider storing equipment near doorways nor doing farm maintenance to be either of those things.
Okay, let me paint a scenario then. Rider in indoor is schooling a hot young horse. Barn owner sends staff to cut brush next to the arena, no advanced warning to riders in the arena. When young horse gets excited the facilities trainer canters up behind hooting and hollering, not once, not twice, but 3 times. Rider on hot horse asks him to please stop, but he persists. Rider dismounts, and yes, leaves the facility. This scenario happened. My question, again, if the rider had suffered serious injury at the time as a result of these unusual activities (noisy brush cutting) and stupid behavior (cantering up behind an explosive animal screaming and yelling) would the waiver he had signed hold up?
NOT talking about routine farm activities here.
I personally think the brush cutting part of that scenario is a routine farm activity.
It sounds like the other person riding is a jerk.
Are they an employee of the facility or just someone who trains out of the facility?
I assume the scared rider asked them to not do that again after the first time?
Employee trainer. Brush cutting was quite loud, causing chunks of branches to hit the arena walls. And no, there was no second time because he took his horse out of there.
I am confused…
You said the trainer galloped up behind you yelling three times.
I asked if you said something about them galloping up behind you yelling after the first time.
Now you are saying there was no second time?
Sorry, rider took out his horse to another facility after this entire incident. He said he asked three times to please stop, but when the yelling continued he dismounted, calmed the horse and left the indoor.
I would think a “normal” barn would give clients advance warning of something like brush cutting that would have branches hitting the wall. Even 5 minutes warning so you can get off before they start (but ideally a few days warning).
Did the trainer think they were helping?
I think the rider/horse owner shares some responsibility in limiting risk, but if they were injured when the brush cutting first started, or while they were trying to get off/get out, then I think the barn could be found negligent. If they persisted in riding and were hurt, then they may share some of the liability.
When we first opened I went to a talk about limiting risk, and one of the things they mentioned was that a barn owner is expected to be the “expert” vs the boarder and so has a higher responsibility to create and foster a safe environment. The waiver doesn’t reduce the BOs responsibility in doing their best to offer a safe environment within reason.
I think the brush cutting could be considered normal activity. IMO
Now the trainer riding like an imbecile and charging at and hollering at a horse/rider sounds absolutely asinine and would not be easy to pass off as normal activity. IMO
The op didn’t include that bit about crazy riding. I’d have moved my horse too if such a thing happened to me.
Entering and exiting the arena is also a quite common activity and yet most civilized barns have an expectation that the person entering say “Door!” before just barging in, so as not to surprise horses already working in the ring.
One would think that people could do a lateral transfer of knowledge and also apply this common sense courtesy/expectation to a scenario when one is about the start flinging tree branches at the walls from outside.
I’m in the camp of brush cutting is normal activity and no, I would not expect them to stop their maintenance for my reactive, hot, young horse. It might interrupt my plans but at the same time the world does not revolve around me and what I want. (But it should, I say!) So I would take my grumpy thoughts and move somewhere else such as the round pen or another arena. If they stopped their maintenance for you then they’d have to do it for everyone. Foll stop, “No!”.
Standard stable equipment is absolutely something horses need to get used to. Unless a metal rake is tines up in the pathway, then handler needs to hold it together. None of these things should be an issue even if placed right next to a doorway. Horsie freaking out at the four wheeler? Ask for help desenstizing to it. Have horsie chase down treats off the back of it. It really sounds as if the horse AND rider in the scenario need a lot of work on reducing anxiety. They need to work on their own emotional control rather than trying to control the surrounding environment.
The rider coming up behind was an idiot but I’m guessing there may be more to the story. Did the rider of the hot young horse have a history of needing everything just so? I am also aware of conflicts between riding disciplines. Dressage riders in particular can’t seem to handle a reiner galloping past in preparation for a sliding stop.
With the basic info given, it sounds like the rider’s behavior was reckless and provoking.
Regardless, the handler in question was right to move to a facility more appropriate to their needs.
Waivers are only a part of a defense. Anyone can sue for anything, it’s the cost of pursuing and defending the case that become the variables, and motives for settlement. Soo much gray area on any hypothetical scenario it’s hard to say how a judge would rule, in a specific scenario, and how long the complainant and defendant had the wherewithal (read : checkbook and/or insurance) for the case.
I’m of the camp, outside of negligence, it’s on the horse owner. A fellow border was power washing their trailer (next to mine, where I tack) and my horse was none too happy about it. Fellow border asked me if I wanted them to stop, cause they’re the nicest people in the world. I said “nope, it’s good for him. I’ll work on the desensitization.”
Rude and/or annoying, yes, but not negligence. Might be malice, but you’d have to prove intent to harm the horse/rider. Hard to prove for something like cutting brush, unless they literally said the words “I’m going to cut this brush so hopefully your horse throws you into the fence and breaks your leg.”
Just because it’s not an activity that happens every day doesn’t mean it isn’t a “routine farm activity.” Cutting brush is pretty routine.
Noisy brush cutting is a maintenance activity. Warning would have been nice, but it doesn’t make it negligent to not give warning.
The a$$hat cantering up the horse’s butt screaming could be malice, not likely negligence, and I believe it would be on the person suing to prove malintent.
Most likely the waiver would have help up.
When are they supposed to do stuff around the barn? Running a chainsaw, weed eater, loud equipment, tractors and all manner of attachments to keep fields in good shape and arena smooth are something a horse needs to learn to get past.
Forks, rakes, wheelbarrows and carts etc can easily be moved aside if you feel unsafe or in danger.
While I agree it would be safer if they could do this when nobody is around to ride, it just isn’t practical.
I never had a waiver to sign?
That clause was in a Boarding Agreement (not Contract) when a new owner bought the barn where i had moved. Our vet practiced for 50 years and has seen just about everything. His experience is that the BO can say that, but when it goes to court the BO usually loses if your horse’s death or injury is caused by something on their property. There was another clause that stated a bailment was not created. I suspect that it is similar. Maine statutes specify what adequate care is, like enough food to maintain normal body weight, access to water, shelter. etc. A bailment as i understand it is that your property is returned in sustantially the same condition as when they received it. State law also says you can ride, hunt, etc on another person’s land and that owner is not liable. If they create something intended to cause injury or harm and don’t warn you they are liable. You have to use particular signs to post for no trespassing.
At the new barn my horse was in a very nice little field next to the ancient, tiny graveyard in an historic neighborhood. It was Saturday, Memorial Day weekend, and a small memorial service was underway. He didn’t care, kept munching the grass. Then the bagpipe player started up. The neighbor said he headed for the gate. He bent the top section but wasn’t injured. They promised to notify the BO about bagpipers.
I got a million dollar unbrella policy for $162.00/year.
Barn’s lawyer to your friend: has your horse ever been nervous and or spooked before this incident?
Your friend: Yes.
Lawyer: No further questions.
Look, I’m not defending the yahoo trainer but when a young horse is known to spook at other stuff too, you’re never going to be able to prove that the barn caused it this particular time. Your friend did the right thing by leaving, but maybe should have left sooner
This website lists a bunch of liability cases: https://www.animallaw.info/filters?topic=16607&species=All&type=case&country=All&jurisdiction=All&combine_op=contains&keyword=
Interesting reading.
Super interesting, thank you
Except the brush cutting was happening OUTSIDE of an indoor arena, so I presume the HO had no warning until the heard the sounds of the brush hitting the walls from the outside.
I would agree brush cutting may be normal, but I disagree that brush hitting the outside of the indoor arena is normal/something a rider should expect as they can’t see it about to happen…unless it is scheduled/routine, but it doesn’t sound like it is. When the county comes to cut trees from the power line, they warn us, and we warn clients. It is an exceptional activity that happens twice a year.
By submitting your email, you agree to our Terms of Service and Privacy Policy. You may also receive promotional emails from The Chronicle of the Horse. You can opt out at any time.
For Customers
Company
Terms of Use
