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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have my horse at a livery yard which is owned by a big

Customer Question

Hello, I have my horse at a livery yard which is owned by a big estate. There is no manager on site. Recently a horse in my care was kicked to death by another horse. The autopsy linked the horses's death to this particular horse and many people have given statements to the fact the horse which caused the death is a danger to both humans and other horses including myself. The estate do not appear to be taking this seriously and have now moved the horse into a paddock next to my horse. This afternoon as I was taking her out of the field we got charged by this horse causing her to shy and slam me up against a fence post. I am 5ft 4 and disabled and my horse weighs 600 kilos. I have now told the estate that if this horse is not removed and myself or my horse are injured I hold them responsible. Is there anything else I can do and I fear for my safety and that of my horse. I thought as landlords they had to ensure the premises was safe and surely this is not the case?
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
This nasty horse has tired to kick me in the past narrowly missing my head by inches. I would add that aside from being disabled I am an experienced horse handler and rider with many years experience around horses. I had a meeting with the estate today and was virtually accused of spreading false rumours and called 'defensive and emotional' when I protested. with regards ***** ***** statement they had not even read it properly.
Customer: replied 7 months ago.
Just so you have all the facts - here is the statement I sent to the estate at their request:Dear *****,
Further to our conversation this morning I am emailing you the information regarding the history of Gilbert on the yard.
From the start Gilbert was a problem in the paddock with the other horses. There were many instances where Leo came in with bite marks, kicks and torn rugs. I understand from Lisa, Coolie has been bitten on many occasions. As you are most probably aware from talking to Sandra Middleton, we believe Gilbert to have been responsible for causing a broken bone in Leo’s leg last year which took him out of competition and cost thousands in veterinary fees. Of course, we have no actual proof of this - just a suspicion based on this horse’s behaviour towards his field companions.
I wish I could say the problems stopped with Gilbert’s behaviour towards other horses but sadly they extend to humans. There were several occasions where either myself or Diane Farrell who would help Sandra with Leo, would go to the paddock to bring him in only to have Gilbert kick at us. On two occasions his rear hooves just narrowly missed our heads. As I mentioned to you, I had taken to carrying my horseman’s flag with me when I had to bring Leo in, so I could wave Gilbert away. I also understand from Sandra he had aimed a kick at her as well.
As I discovered Leo in the paddock prior to his death, I can tell you the horse was in agony. He was weeing blood and tears were pouring down his face. I never want to see a horse in such pain again. There is no doubt from the autopsy that Gilbert is responsible as he is the only horse in there who does not have shoes on his rear hooves.
The situation has not been helped by Harriet’s parents refusing to talk to anyone at the yard about this and ignoring phone calls and text messages. Emotions are running high but one can understand nobody wanting to put their horse out with Gilbert again. Obviously you would be aware that this could lead to people leaving and that it would be extremely difficult to get anyone new in to agree to put their horse in there given what has happened if Gilbert remains.
I know this is a very difficult situation for all concerned Laura, and that includes you. However, there is no point in prolonging it. I know you probably do not want to tell anyone to leave but quite frankly, for the safety of other people on that yard, their horses - and for new people coming in, I cannot see any alternative.
I hope this information may help you reach the best decision for the majority.Best wishes,Helen Watts
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will,help you.

What is it you want to achieve please?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 7 months ago.
What time could we have this discussion? With regards ***** ***** I would like to achieve - that is the horse removed from the yard. If this is not possible I would like to know my legal position with the estate while I search for somewhere else to keep my own horse in case she or I or both are injured by this dangerous horse. Also perhaps the legal position with the horse's owner as well. My livery agreement with the Estate states in Clause 5 'The Horse shall during the period of this Agreement at all times be at the sole risk of the Licensee from theft, accident, illness death or misadventure of any description or any other loss' However - Clause 8 in the agreement 'Removal of the Horse Requested by the Licensor' states that a horse must immediately be removed 'the horse is in the opinion of the Licensor dangerous or likely to cause an accident'. They do not seem to be taking this seriously. The horse HAS caused an accident and in my opinion could kill someone. Seeing as it caused an accident to me yesterday I want to know if this constitutes Breach of Contract on the part of the Estate as I am not the only one who has given statements about this horse. Surely if they are aware of the problem but do nothing then Clause 5 of their own agreement is no longer binding? I honestly feel that it is going to take someone being seriously hurt by this horse for them to take this seriously - we are dealing with an Estate worth £32 million and they really don't care. If I have to leave there - and I really do not want to as the yard is outside my home, then I need to know where I stand for the time my horse remains on this yard. She is an extremely valuable show horse worth about £12,000 although I know it really doesn't make any difference when we are talking danger of serious injury to any animal or human.
Expert:  Ash replied 7 months ago.

Do you have a number we can chat on?

Customer: replied 7 months ago.
My number is ***** 455930 Alex. Thank-you. Helen
Expert:  Ash replied 7 months ago.

Calling now. Alex

Customer: replied 7 months ago.
Thank you so much Alex for your incisive advice. I followed your suggestion and sent letters to the estate and to the horse's owner informing both I would seek an injunction to have the horse removed unless it went during the next 14 days and was kept away from other horses during that time. The upshot was that the owner removed it within 24 hours of receiving my letter. It was plain neither the estate not the owner were about to move it despite the fact the horse was a danger to everyone. I am so grateful as without your advice I would not have this result. I can rest easy now knowing my beloved horse is safe. Have a good weekend and thank you again. Helen
Expert:  Ash replied 7 months ago.

Thanks. Alex

Customer: replied 7 months ago.
Alex, so sorry to come back to you on this but the estate have served me a month's notice to quit the yard for daring to challenge them on this. As I mentioned I am disabled and my horse is my support. Is there anything to be done here? Their behaviour is outrageous. Helen
Customer: replied 7 months ago.
Alex, so sorry to come back to you on this but the estate have served me a month's notice to quit the yard for daring to challenge them on this. As I menitoned I am disabled and my horse is my support. Is there anything to be done here? Their behaviour is outrageous. Helen
Expert:  Ash replied 7 months ago.

You need to check your contract to see if they can terminate. If they can then sadly there is nothing you can do.

Alex

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