Fence jumper on yard - liability question.

tetsmum

New Member
Dec 7, 2008
721
0
0
Norfolk
We have a new horse on the yard who is a fence jumper. The YO was advised of this before they moved in.

This horse is irritating me slightly because it keeps jumping into the paddock I am currently resting (we have allocated grazing) because according to it's owner 'you have more grass than we do' - but they have another paddock they aren't using........... anyway, that annoys, but yesterday this horse jumped into my paddock, out from there onto the 'walkway' down the hedgeline linking all the paddocks, and then out over the metal gateway onto the concrete apron - leaving only one gate to the road.

I have two concerns really -one is personal, when I put my horses back into the paddock next to this horse (I share with one other, we have four horses settled as a herd) - if it jumps into our field and causes injury either directly to our horses, or by setting two of our geldings to fighting (she's a mare) who is liable for all the vet fees?

The second is what if it gets onto the road and causes an accident?

The YO is saying 'it's not our problem', 'we can't put up 6ft fencing.'

The owner is saying 'we told you it's a jumper, it's up to you to provide fencing that keeps her in'.

The rest of us are anxious that she will jump in with our established herds (we have two sets of four currently grazing elsewhere) or get out totally.......

The meant this morning we had a conversation about liability on the yard and I wondered if any problem caused falls to the YO - for not ensuring high enough fencing, or the owner, for not addressing their horses fence jumping habit.

Incidentally, anyone know how to cure it? I will end up with a paddock with no grass at all at the end of the summer if this horse continues to graze mine instead of her own!
 
well when it goes down the motorway and causes a pile up it will be interesting to say who gets blamed.

there are ways to discourage a jumper, with internal fencing so that the gap is too wide for it to jump, i am surprised the owner doesn't take it very seriously given it is her horse who will get injured etc.

if you have raised it with the livery yard owner and she refuses to take action, then she is probably going to be liable. you have the problem of what happens then, as if you end up pursuing the YO for damages if your horse is injured, then you are not going to be very welcome there.

i would put it in writing with the horse's owner that you will hold her responsbile for any damage/injury her horse causes by jumping out of the field, if you are a BHS gold member you could ring their legal line - it is almost worth the subscription as they are very good.
 
newrider.com