Bellalou come hither....new board contract

Discussion in 'Horse Chat' started by GotaDunQH, Nov 5, 2018.

  1. GotaDunQH

    GotaDunQH Senior Member

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    Bella (and to anyone else who wants to comment), the barn I board Sidney at has raised the board yet again, by $50 a month. Now, we all got a notice on 11/3/2018 that board was going up on 12/1/2018, not EVEN a 30 day notice.

    So in the contract there is this line which does not sit well with me.....the first part in bold.

    L. RELEASE OF LIABILITY. In consideration of THIS STABLE undertaking the board and related services under the terms set forth herein, I, the undersigned OWNER, do agree to hold harmless and release THIS STABLE, its owners, agents, employees, officers, members, premises owners, insurers and affiliated organizations from legal liability due to THIS STABLE’s ordinary negligence; and I do further agree that except in the event of THIS STABLE’s and ITS ASSOCIATES as stated above in this clause, for any economic and non-economic losses due to bodily injury, death, property damage, and injury to or loss by death of the boarded animal(s), and/or sustained by me and/or my minor child or legal ward in relation to the premises and operations THIS STABLE.

    Sooooooo......in other words, they can be "ordinarily negligent" with my horse's care, and should that negligence lead to harm-death etc.....I can't hold them responsible?? If THAT'S the case, I'm not signing this!!

    Thoughts? Opinions?
     
  2. bellalou

    bellalou Senior Member

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    Actually fairly standard. What they cannot do though is contract out of claims for gross negligence. The basic difference is that gross negligence means that there’s an existing dangerous condition, management is aware of it, and does nothing to fix it, resulting in harm.

    Ordinary negligence is commonly included in such contracts and in fact it’s included my own lease contracts. So my leasers can’t sue me for ordinary negligence. For example if my girth broke while my leaser was riding that could be considered negligence on my part (because I have a duty of care, it was breached by the broken girth, that caused her to fall, and she got hurt - the 4 elements of ordinary negligence).

    So unless she could prove I knew the girth was substandard (gross negligence), she couldn’t hold me responsible per my contract.

    It’s a way of protecting against purely accidental damages and, as I said, it’s very common. My board contract contains a similar clause.
     
  3. GotaDunQH

    GotaDunQH Senior Member

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    Hmmmm.....maybe I'm misreading it then. I thought it meant, as to the care of my horse, that they would be held harmless if something happened to Sidney DUE to their negligence. In other words, an employee left his gate open...he got out, got hit by a car and died.
     
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  4. bellalou

    bellalou Senior Member

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    That is what it means essentially. That would be considered ordinary negligence unless you could show it was done on purpose or something.
     
  5. slc

    slc Senior Member

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    I don't think there could be a contract that could actually get a business out of a gross negligence situation.
     
  6. bellalou

    bellalou Senior Member

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    That's what I said.
     
  7. slc

    slc Senior Member

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    I understand that.
     
  8. GotaDunQH

    GotaDunQH Senior Member

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    Well, I don't agree with it. So I guess I have to decide what I'm going to do.
     
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  9. NaeNae

    NaeNae Senior Member

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    Would this not just cover normal every day "human" errors? Like flooding a paddock with a hose left on, not locking a gate properly, ect.

    Don't get me wrong, I'm not saying it's great for BOs to go around forgetting to lock gates, but things happen, and doesn't this just mean that they can't get sued for simple, unfortunate, human error? I doubt they are going around purposefully leaving gates open, and if they were, wouldn't that then be considered willful negligence?
     
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  10. bellalou

    bellalou Senior Member

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    Exactly. It protects the barn owner from liability for what are basically accidental injuries. Example: a horse at my barn died several years back when it got its neck caught in the fork of a tree, panicked and broke its neck.

    Utterly unforeseeable. Not the barn’s fault. That’s the type of thing you keep insurance for rather than hold the barn responsible.
     
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