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Do I have case? My horse got killed today on the lands of a barn i payed to take...
...care of him? I took pictures and the vet has a report and there was witnesses.
Can i sue the pants of these bastards, for leaving the gate open to his paddock and letting my gorgeous 5 year old QH get hit by a horse truck and break his leg and hip and subsequently had to be put to sleep . I wasn't there when it happened but got there as the vet did i live about 20 minutes away on my own property, he was there in training, because the center had a GOOD reputation. do I have any legal grounds?
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It happened on their property so that shows some liability. I would probably go with a negligence angle and you should be compensated for your current loss and possibly future losses. I would discuss that with your attorney.
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I would talk with the owners first. Check out what happend, do they have a new stable hand, what caused the accident, was the latch faulty? Was there any other possible cause besides owner negligence.
Consider that accidents do happen, and although I understand you may be in a lot of pain (i was too after my horse broke his leg and had to be put down). But not everytime something bad happens, does someone need to be blamed, and remember especially if this is a small family owned business, if you choose to sue them, you will probably completely ruin them. Talk to them first, maybe they had a new employee who wasn't cautious enough, and have taken care of the problem. Good luck, and hope for healing in your pain.
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From the description, it does sound like you could perhaps pursue gross negligence. Now, even if you are successful, about all you'll be able to get is the financial value of your horse. Be prepared to have receipts and proof of what you paid for him, or some sort of justification for his value. Animals are considered to be property, so you in all likelihood will not get anything for "pain and suffering", etc. Only compensation for your actual financial loss.
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