Discussion in 'Horse Chat' started by GotaDunQH, Nov 5, 2018.
Agreed. Sounds like the negligence clause is the least of your issues.
Sounds to me like it is time to move your horses. Just FYI, the court/judge will decide if the facility can be held responsible. Just because that clause is there does not mean you cannot win a settlement in court. What I mean is, if the BO knowingly hires a person with not enough experience and then fails to supervise them while they learn and your animal is harmed due to that lack of experience, even if accidental, the barn can be held responsible for that even though it will be determined to be a simple human error.
I've seen a case like this play out in district court but it was a doggy daycare that was held responsible for a fight in which a small dog was badly injured. A gate was not properly latched and the care giver could not demonstrate how to properly latch the gate to the judge. The facility was held responsible because they failed to train or supervise their inexperienced staff. The owner of the small dog has signed just such an agreement but an attorney blew it out of the water.
I think you will look a long time to find a decent facility that does not have a clause like this in any contract.
Thanks everyone for their input! I'm looking at another place today so we'll see how it goes. What I DO like about where Sidney is now, is that it's 1.5 miles from my house, he likes it there as he has been there off an on for years, and his stall has a back door where he can go in and out during the day.
Good luck with your search!
Everyone has been so helpful! And sorry for my vent....and thanks for listening to my whining! I checked out a place today that was small, quiet, great care, not glamorous but very functional. The drawback was that the turnouts were very rocky and located on a slope of a small hill, with a few other turnouts at the bottom of the hill. The woman was extremely nice and we know some of the same people. I'll probably stay where I am until the spring and then decide what to do. I just wish the BO (a local business man) would stick to his non-horse endeavors and find someone to run the barn that has ACTUAL horse knowledge. The saving grace is, I'm right down the street so I can keep tabs on Sidney daily....lol.
Ain't that the truth! I've run into that with a couple of barns and it makes life so much more difficult. While it is a business, it's one that involves living creatures, many of whom have specific needs, all of whom are destructive, and it occupies a weird niche in that some of the ways things have to be done don't necessarily gibe with common business practice.
Luckily, one of the barns with a non-horsey owner had a knowledgable couple as barn managers so they were able to ease a lot of the issues. Even so, the owner had the last word and sometimes the decisions would make you pull your hair out in confusion.
The other barn hired a woman who was sweet and had a horse herself, but had no management experience whatsoever. The place was a bit of a shambles because she'd focus on stuff that really didn't matter (like putting up a new sign by the road) rather than things that really needed attention (like grooming the only arena).
Good luck, whatever you decide to do.
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