
Equine Law Blog
A boarded horse colics and is in need of surgery, but the owner cannot be reached to find out what, if anything, can be done. What can the stable do?
Boarding Stable Duties
When a stable accepts a horse belonging to another for care and keeping, the law generally imposes a duty on the stable to use "reasonable care." In the eyes of the law, this means that the stable and its workers must act as a reasonably prudent and careful stable would exercise in similar circumstances. If a horse owner believed that a stable fell short of this standard, and the horse owner was damaged in some way (such as by being handed a massive veterinary bill or by learning that a horse was euthanized against the owner’s wishes), the stable might find itself faced with a lawsuit.
Damage Control
Boarding stables have every incentive to prevent disputes through contracts that are well drafted and include, for example:
- Contact Information. Horse boarders can give stables the most current contact information, such home and office phone numbers, and cell phone numbers. The horse owner might also want to designate someone as a contact person who is authorized to make decisions regarding the horse in the owner's absence.
- Emergencies. The boarding contract presents an excellent opportunity to address how the facility can handle veterinary emergencies, especially if the owner is unavailable and cannot advise the stable on how to handle them. Also, especially before a vacation or period of absence, the horse owner can contact the attending veterinarian to authorize attention and provide payment information.
Equine Insurance
The boarding stable has every reason to know whether boarded horses are insured with a policy of mortality or major medical insurance. Equine insurance policies typically provide emergency telephone numbers and require that the company receive immediate notice of the insured horse’s illness or injury. The boarding stable, in the owner’s absence, can provide this notification. Owners have every incentive to share insurance information.
If you have any questions, please let me know.
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Julie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...