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Post by pootle on Jul 25, 2007 21:06:19 GMT
We stable on a large livery yard, diy, with good grazing. However the fields are taped off within the fields, if you know what I mean, with electric tape. Also some of the swampy areas are taped off. Despite the fact that SEVERAL times now, horses have become tangled in the uncharged fencing, the farmer seems unconcerned and says he cannot electrify them all as he only has a few battery packs. And we're talking a lot of land here. Last week a horse charged into some tape and is at Somerford having surgery. Today a horse in another field cut it's fetlock presumably the same way. The farmer's response to the girl who's horse it was? 'well we've seen your horse going under the tape several times'.. ie: it's yours/your horses fault! One of the girls voluntarily puts the tape back up again. I think this is a bad idea its not her repsonsibility and I'm unsure of the implications. My question: Can we sue/send him our vets bills? I've been victim to this myself as a new horse in the field next to ours ducked under once and my horse got badly kicked. Horses are horses but it wouldn't have happened had the area been fenced properly. I'm considering moving off which is a shame as otherwise I'm happy - but this is just negligent. Is he liable, or can he wriggle out of responsibility?
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Milliesmum
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COCKERP00S RULE!!!
Posts: 23,901
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Post by Milliesmum on Jul 26, 2007 7:05:00 GMT
I am not a legal expert but would guess that as he is accepting payment to provide you with grazing it is his responsibility to make sure that grazing is suitable and safe? I would definitely look into it further.
But your horse's safety has to be your first priority, he obviously isn't going to do anything about it so I would think about moving sooner rather than later.
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Post by Flyingbuck on Jul 26, 2007 9:23:51 GMT
Not a legal expert either, but you have to mitigate your losses - ie he has a responsibility but you have been "on notice" that there is a problem since the very first incident occurred and the farmer did nothing about it - therefore you should have moved asap. I would get your horse out of there now.
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Post by Admin on Jul 26, 2007 10:28:00 GMT
You say you are on Diy livery. Do you have a contract setting out terms and conditions of that livery? If not do you pay extra for grazing? If the answer is no to both of the above I cant see you having any case. The farmer could argue that Diy livery consists of just the stabling and anything else he lets you use is a bonus. That being the case it is up to you whether you use the other available amenities or not, putting the onus on to yourself and other users. If additional payment is made for any other amenities on site I.E "The grazing" then the Farmer could then be held responsible.
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Post by ponies4me on Jul 26, 2007 10:57:10 GMT
i would also say you wouldnt have a case. something should have been done to start off with. just one unit would have been enough to sort out all the fencing and would have cost around £100 with a battery
would move if you are not happy
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