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 is not intended to constitute legal advice.
When matters arise based on specific situations, direct your questions
to a knowledgeable attorney.
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