• Welcome to the Chronicle Forums.
    Please complete your profile. The forums and the rest of www.chronofhorse.com has single sign-in, so your log in information for one will automatically work for the other. Disclaimer: The opinions expressed here are the views of the individual and do not necessarily reflect the views and opinions of The Chronicle of the Horse.

Announcement

Collapse

Forum rules and no-advertising policy

As a participant on this forum, it is your responsibility to know and follow our rules. Please read this message in its entirety.

Board Rules

1. You’re responsible for what you say.
As outlined in Section 230 of the Communications Decency Act, The Chronicle of the Horse and its affiliates, as well Jelsoft Enterprises Ltd., the developers of vBulletin, are not legally responsible for statements made in the forums.

This is a public forum viewed by a wide spectrum of people, so please be mindful of what you say and who might be reading it—details of personal disputes are likely better handled privately. While posters are legally responsible for their statements, the moderators may in their discretion remove or edit posts that violate these rules. Users have the ability to modify or delete their own messages after posting, but administrators generally will not delete posts, threads or accounts upon request.

Outright inflammatory, vulgar, harassing, malicious or otherwise inappropriate statements and criminal charges unsubstantiated by a reputable news source or legal documentation will not be tolerated and will be dealt with at the discretion of the moderators.

2. Conversations in horse-related forums should be horse-related.
The forums are a wonderful source of information and support for members of the horse community. While it’s understandably tempting to share information or search for input on other topics upon which members might have a similar level of knowledge, members must maintain the focus on horses.

3. Keep conversations productive, on topic and civil.
Discussion and disagreement are inevitable and encouraged; personal insults, diatribes and sniping comments are unproductive and unacceptable. Whether a subject is light-hearted or serious, keep posts focused on the current topic and of general interest to other participants of that thread. Utilize the private message feature or personal email where appropriate to address side topics or personal issues not related to the topic at large.

4. No advertising in the discussion forums.
Posts in the discussion forums directly or indirectly advertising horses, jobs, items or services for sale or wanted will be removed at the discretion of the moderators. Use of the private messaging feature or email addresses obtained through users’ profiles for unsolicited advertising is not permitted.

Company representatives may participate in discussions and answer questions about their products or services, or suggest their products on recent threads if they fulfill the criteria of a query. False "testimonials" provided by company affiliates posing as general consumers are not appropriate, and self-promotion of sales, ad campaigns, etc. through the discussion forums is not allowed.

Paid advertising is available on our classifieds site and through the purchase of banner ads. The tightly monitored Giveaways forum permits free listings of genuinely free horses and items available or wanted (on a limited basis). Items offered for trade are not allowed.

Advertising Policy Specifics
When in doubt of whether something you want to post constitutes advertising, please contact a moderator privately in advance for further clarification. Refer to the following points for general guidelines:

Horses – Only general discussion about the buying, leasing, selling and pricing of horses is permitted. If the post contains, or links to, the type of specific information typically found in a sales or wanted ad, and it’s related to a horse for sale, regardless of who’s selling it, it doesn’t belong in the discussion forums.

Stallions – Board members may ask for suggestions on breeding stallion recommendations. Stallion owners may reply to such queries by suggesting their own stallions, only if their horse fits the specific criteria of the original poster. Excessive promotion of a stallion by its owner or related parties is not permitted and will be addressed at the discretion of the moderators.

Services – Members may use the forums to ask for general recommendations of trainers, barns, shippers, farriers, etc., and other members may answer those requests by suggesting themselves or their company, if their services fulfill the specific criteria of the original post. Members may not solicit other members for business if it is not in response to a direct, genuine query.

Products – While members may ask for general opinions and suggestions on equipment, trailers, trucks, etc., they may not list the specific attributes for which they are in the market, as such posts serve as wanted ads.

Event Announcements – Members may post one notification of an upcoming event that may be of interest to fellow members, if the original poster does not benefit financially from the event. Such threads may not be “bumped” excessively. Premium members may post their own notices in the Event Announcements forum.

Charities/Rescues – Announcements for charitable or fundraising events can only be made for 501(c)(3) tax-exempt organizations. Special exceptions may be made, at the moderators’ discretion and direction, for board-related events or fundraising activities in extraordinary circumstances.

Occasional posts regarding horses available for adoption through IRS-registered horse rescue or placement programs are permitted in the appropriate forums, but these threads may be limited at the discretion of the moderators. Individuals may not advertise or make announcements for horses in need of rescue, placement or adoption unless the horse is available through a recognized rescue or placement agency or government-run entity or the thread fits the criteria for and is located in the Giveaways forum.

5. Do not post copyrighted photographs unless you have purchased that photo and have permission to do so.

6. Respect other members.
As members are often passionate about their beliefs and intentions can easily be misinterpreted in this type of environment, try to explore or resolve the inevitable disagreements that arise in the course of threads calmly and rationally.

If you see a post that you feel violates the rules of the board, please click the “alert” button (exclamation point inside of a triangle) in the bottom left corner of the post, which will alert ONLY the moderators to the post in question. They will then take whatever action, or no action, as deemed appropriate for the situation at their discretion. Do not air grievances regarding other posters or the moderators in the discussion forums.

Please be advised that adding another user to your “Ignore” list via your User Control Panel can be a useful tactic, which blocks posts and private messages by members whose commentary you’d rather avoid reading.

7. We have the right to reproduce statements made in the forums.
The Chronicle of the Horse may copy, quote, link to or otherwise reproduce posts, or portions of posts, in print or online for advertising or editorial purposes, if attributed to their original authors, and by posting in this forum, you hereby grant to The Chronicle of the Horse a perpetual, non-exclusive license under copyright and other rights, to do so.

8. We reserve the right to enforce and amend the rules.
The moderators may delete, edit, move or close any post or thread at any time, or refrain from doing any of the foregoing, in their discretion, and may suspend or revoke a user’s membership privileges at any time to maintain adherence to the rules and the general spirit of the forum. These rules may be amended at any time to address the current needs of the board.

Please see our full Terms of Service and Privacy Policy for more information.

Thanks for being a part of the COTH forums!

(Revised 1/26/16)
See more
See less

Who pays for damages made by horse when horse shopping?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #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 ?
    ... _. ._ .._. .._

    Comment


    • #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.

      Comment


      • #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!

        Comment


        • #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?"

          Comment


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

            Comment


            • #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.

              Comment


              • #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.

                Comment


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

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

                  Comment


                  • #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.
                    Yup.

                    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

                    Comment


                    • #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.

                      Comment


                      • #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.

                        Comment


                        • #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).

                          Comment


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

                            Comment


                            • #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!

                              Comment


                              • #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.

                                Comment


                                • #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.

                                  Comment


                                  • #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.

                                    Comment

                                    • Original Poster

                                      #38
                                      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

                                      Comment

                                      Working...
                                      X