| LIABILITY OF THE BOARDING STABLE FOR INJURIES TO
ITS CUSTOMER'S HORSES |
| Julie I. Fershtman, Attorney at Law |
Could the following scenario happen to you?
Bill boards a mare at a stable. One morning the stable called Bill
with bad news. Last night a new employee at the stable accidentally placed the mare in a
stall next to a stallion. The stallion had a history, unknown to the new employee, of
being fierce when stabled next to mares. The stallion broke down the wall and attacked,
nearly killing the mare. Bill's veterinarian advised him that the mare would recover, but
the scars and tears will permanently end her performance career. Upon inspection of the
stall, Bill discovered that the wall separating this stallion from his mare was extremely
thin and poorly patched from other mishaps the stallion caused in the past. Bill now wants
to sue the stable. Does he have a case?
This article briefly examines some of the liabilities for injuries
sustained by horses kept at boarding stables.
Legal Duties of a Boarding Stable
When a stable accepts a horse belonging to another for care and keeping
-- regardless of whether the stable is a 2-horse or a 200-horse operation -- the law
generally imposes a duty on the stable to use "reasonable care." In the eyes of
the law, this means that the facility and its employees must use the degree of care that a
prudent and careful stable would exercise in similar circumstances. Bill would assert that
the stable fell short of this standard and should be liable (legally accountable) for the
damages.
The stable's liability in the above example seems clear. The stable knew
the stallion's history of terrorizing mares when placed in similar situations, and its
employee placed the mare in a position of danger by stalling her next to the stallion.
The Stable's Defenses
Here are some defenses the stable might try to assert:
- "It Was a Mistake." Negligence, by its most basic
definition, means the failure to act reasonably. People or businesses could be negligent even
if they had no intention of inflicting harm on someone's person or property. Therefore, a
"mistake" will not be a valid defense to a claim that the stable was negligent.
- "The Employee Did It -- Not the Stable." What if the
stable argues that its newest employee, who apparently was unaware of the stallion's
history, should take the blame? That defense will likely fail, as well. In most cases, a
stable is responsible for the negligent acts its employees commit on the job. Also, the
law in the applicable state might charge the employee with knowledge that the employer had
-- such as the knowledge that the stallion was a hazard to mares -- even if this was not
in fact the case.
- "The Stallion Owner Is to Blame." The stable might
assert that the stallion's owner should take the blame because the stallion, not the
stable, inflicted the injuries. Even if the stable could hold the stallion owner
accountable for some of the problem, this will not completely relieve the stable from
liability in this situation. Here, the stable knew of the stallion's dangerousness and
arguably could have prevented the problem.
Damages
What damages could Bill stand to recover if he succeeds? If the mare
died, he would, at a minimum, try to collect the mare's value immediately before the
injury plus any out-of-pocket expenses he incurred while attempting to bring her back to
health, such as veterinary fees, hauling fees, and others. If his mare survived, Bill
would seek the amount of money that the mare had decreased in value due to the incident,
plus (depending on the circumstances) the value of any lost foals or anticipated net
earnings in races or shows as well as his out-of-pocket expenses. These are examples of
some of the damages Bill would try to recover.
Do the Equine Liability Act Apply?
Unlikely. The 38 equine activity liability laws across the country (as
of March 1997) generally apply to injuries and damages when people -- not horses --
are injured while participating in an "equine activity."
Damage Control
What preventive measures can be taken? Here are a few:
- Insurance. Insurance may not prevent the problem, but it
could spare the stable the burden of hiring a lawyer or settling this dispute using its
own funds. Many boarding stables are surprised to learn that the standard provisions in
their commercial general liability insurance policies offer no protection for this
situation. However, stables that purchase "care, custody, and control" insurance
would likely be protected. "Care, custody, and control" insurance is designed to
cover certain unintentional and allegedly-negligent acts from which a horse in injured
while in the care, custody and control of the stable.
- Careful Training of Employees. Since, as a general
matter, employers are legally responsible for the negligent acts their employees commit on
the job, stables should make every effort to train their workers well.
- Boarding Contracts. Can boards, such as Bill, release
stables from liability for the consequences of the stable's own negligence? The answer
usually depends on the law of the state where the stable is situated. In many states,
customers can legally release a stable from liability arising from the consequences of the
stable's ordinary negligence.
Conclusion
In conclusion, please keep the following ideas in mind:
Negligence is not necessarily intentional wrongdoing.
Even carelessness, in the eyes of the law, can create liability.
The concept of negligence does not apply only to large
stables. Those that board just a few horses could find themselves negligent if they fail
to give reasonable care to a horse in its care, custody and control.
The stable's commercial general equine liability
insurance policy does not typically cover injuries or losses to horses in its care,
custody and control unless the stable purchased extra coverage designed to apply to this
type of situation.
| This article does not constitute legal advice. When questions arise based on
specific situations, contact a knowledgeable attorney. About the Author Julie I. Fershtman
is an attorney serving the horse industry, who has won national awards for her equine law
expertise. Her biography is published in Who's Who in American Law. Her speaking
engagements in early 1999 include the American Morgan Horse Association Annual Convention
in Dearborn, MI (2/12), Equine Spectacular in Scottsdale, AS (2/13-2/14), and the Hoosier
Horse Fair in Indianapolis, IN (4/17-4/18). She can be reached at (248) 644-8645. Ms.
Fershtman is the author of the nationally-acclaimed book, Equine Law & Horse Sense,
which sells for $17.95 + $3 s/h (MI residents add 6% sales tax). To order, contact Horses
& The Law Publishing at (800) 662-2210 or send check or money order to Horses &
The Law Publishing, P.O. Box 250696,Franklin, MI 48025-0696. |
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