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Who pays for damages made by horse when horse shopping?

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  • #21
    I would think that, if you own a boarding barn, a broken jump standard is a cost of doing business.

    Has anyone actually approached OP with a view to extracting payment, or is this just speculation ?
    ... _. ._ .._. .._


    • #22
      Originally posted by CHT View Post
      I think I can see the problem; the BO may consider the Previous owner responsible, and may be wanting to put a lien on the horse for payment for the standard. As you now own the horse, it gets complicated. Do you have a boarding agreement on the horse with the BO? What does your purchase agreement say about the horse being free of liens?

      If the horse is still being boarded under the previous owners agreement, the BO may not let the horse leave until the debt is settled.
      You hit the nail on the head. May need to pay the lien to take the horse. You can go after the seller for the bill later, if it is worth your time.


      • #23
        You didn't own the pony at the time, so it's not your responsibility. Further, I agree this is normal wear and tear. If the trainer works for the BO, then it's even less complex. At any rate, it's not your fault.
        Hopefully this doesn't become more complex due to liens/money owed by the prior owner. At that point I would have a friendly chat with the BO. If you need to, say, pay 50% of the cost, to get your pony out, it may be worth it.
        Born under a rock and owned by beasts!


        • #24
          New owner should have no responsibility in this. If BO wants to be paid, the order of responsibility is short and is as follows:

          1. Seller/Previous Owner

          if she can't/won't pay, BO could go after

          2. Seller's Trainer who was showing the horse.

          End of list.

          We have a little more complicated system at our barn. Trainer owns all the jumps. Boarders, even those not in training with Trainer, are allowed to use the jumps. We ask that any boarder that breaks a jump outside of a lesson replace it (fix it, including repainting it, or buy a new one). I think this has happened once. Sigh.

          We did have a boarder break a jump during a lesson with a BNT they brought in. They didn't fix the jump, didn't even acknowledge that they broke it even though it was witnessed. Klassy.
          Keith: "Now...let's do something normal fathers and daughters do."
          Veronica: "Buy me a pony?"


          • #25
            Isn't this thread more than two years old? Presumably the OP worked it out by this time.


            • #26
              Originally posted by MHM View Post
              Isn't this thread more than two years old? Presumably the OP worked it out by this time.
              Probably another zombie thread, brought back from the dead by the dreaded "similar threads" list below. I hope people start checking dates before posting responses, or I think we'll continue to see a lot of this.


              • #27
                Originally posted by horsepoor View Post
                Probably another zombie thread, brought back from the dead by the dreaded "similar threads" list below. I hope people start checking dates before posting responses, or I think we'll continue to see a lot of this.

                No doubt.

                And "similar" is often a stretch.


                • #28
                  Originally posted by MHM View Post
                  No doubt.

                  And "similar" is often a stretch.
                  Not "similar", just randomized word search results


                  • #29
                    Originally posted by S1969 View Post
                    So you were watching the BO's own trainer ride the horse? She presumably set the jump, rode the horse, and the horse knocked it down, breaking the standard?

                    Sounds like an "in-house" problem to me. If anyone should be "charged" it should be the trainer.

                    Was the trainer working for the absentee HO? Also the resident trainer at that barn? And getting paid a commission? IMO, any one of these makes it not your problem, but also the trainer's cost of doing business, or the HO's. That the HO got kicked out and/or the BO doesn't think she can collect from the HO is not your problem. Let them duke it out.
                    The armchair saddler
                    Politically Pro-Cat


                    • #30
                      Agree with everyone above. Definitely not your problem/responsibility. Especially since it does not sound like this is a case of gross negligence (and not your negligence even if it was...).

                      A few years ago, I brought in a part-boarder for one of my horses. Part-boarder did not open gate wide enough for horse to pass through, stirrup (western saddle) caught on gate latch, cracked PVC post and bent latch. I was fully prepared to pay for damages, as it was MY horse, MY part-boarder, and at the farm I chose. Of course, when part-boarder INSISTED on paying, I didn't fight her, LOL.


                      • #31
                        OP never said BO had made any demands of her to pay for the standard and OP never came back to update in the 2 years since she posted this.

                        I assume it ended with no further drama.
                        When opportunity knocks it's wearing overalls and looks like work.

                        The horse world. Two people. Three opinions.


                        • #32
                          I think it is obvious that the bill should be split between anyone who ever looked at the sales ad and anyone who happened to be at the farm that day.

                          CHT, I think that's unlikely, but you would need to look to state lien law. Most stablemen's liens only permit a lien for back BOARD and not damages (though I suppose it is possible that some state somewhere permits a lien for damages).


                          • #33
                            Offer to split the 200.00 and move forward.


                            • #34
                              Originally posted by FineAlready View Post
                              I think it is obvious that the bill should be split between anyone who ever looked at the sales ad and anyone who happened to be at the farm that day.

                              CHT, I think that's unlikely, but you would need to look to state lien law. Most stablemen's liens only permit a lien for back BOARD and not damages (though I suppose it is possible that some state somewhere permits a lien for damages).
                              Where I live it is up to me what I consider part of my board bill (as outlined in my contract), and it can include training, lessons, farrier work that I paid on their behalf...and damages...and the bill only has to be 1 day late for me to place a lien.

                              Although I know this is an old thread, it suprises me that people seem naive on lien laws. Buying a boarded horse is like buying a house; you need to make sure that their are no liens on either before agreeing to purchase!
                              Freeing worms from cans everywhere!


                              • #35
                                Sure, but, you can argue the legitimacy of a lien. I should ask my accountant-friends about a businesses right to include something as a write off, and at the same time, have a client liable for it's replacement (depreciated?). What is your 'cost of doing business' and/or a 'business expense' if you aren't purchasing it? Costs of doing business are taken pretty seriously by the court system, for many reasons.


                                • #36
                                  I kind of see this similar to the fabulous dinner party where a guest breaks a Waterford or Baccarat crystal glass, feels terrible and offers to replace until they realize said glass is over $100...The answer is 1) don't say oh I'll replace it (glass, standard) because the hostess /BO assumes the risk of something breaking when they put the glass (standard) out for their guests to use; if a hostess doesn't want her Crystal to stand the chance of getting broken, don't put it out. A good gust of wind could break a standard, and really most standards are built to withstand many knockdowns before you have to replace them. As far as I can see you have ZERO obligation to pay for said standard unless you offered.


                                  • #37
                                    I would never think to pay for a pole or standard my horse broke, even if I owned it when it broke. And I'm all about adding things to the barn and going the extra mile. Fact is, that is part of normal wear and tear and maintenance. The owner should expect that, with horses, sometimes jumps break.


                                    • Original Poster

                                      We ended up tipping the BO $100 (half the cost) but mostly because she was super helpful and accommodating in working out the transition of ownership. Initially I was stuck in the middle of the owner and BO's relationship going south, but once the BO cooled off a bit (I think owner owed her quite a bit of money), she was very pleasant to work with.

                                      And on a bright note, the horse turned out to be more than we bargained for