If fencing is an issue, who determines what is sufficient for horse fencing? Is there a written standard for the type of fencing used or how it is used properly? I'm glad no humans were seriously injured, or killed. Looking at the van, there could've easily been a serious injury or worse. On the other hand, it makes me sad for the horses. I think my fencing is secure but things can happen.
Posted 2011-11-27 5:09 AM (#139130 - in reply to #139119) Subject: RE: Liability
Veteran
Posts: 282 Location: southcentral pennsylvania
I do not know the answer to your question, but the scene described is one of my worst nightmares. Last Thanksgiving, just as we finished our traditonal dinner, the horses ran by the house. Long story short, the fence was cut in a wooded area, probably by a hunter planning for the "big day." (First day of deer season in these parts is the Monday after Thanksgiving). While our road is fairly rural, it is still a concern. I was once thrown not too far from a major highway. I prayed no one would be killed if the horse went in that direction.....fortunately did not.
Posted 2011-11-27 8:34 AM (#139133 - in reply to #139119) Subject: RE: Liability
Expert
Posts: 1723 Location: michigan
I am very glad the family is ok after that accident. Horses can be replaced...children cannot. I have no sympathy for the horse owner. If the horses had been out previously and managed to get out again then yes the owner should be held negligent. They obviously did not repair the fencing and secure any gates. IMO- Secure fencing is high enough do a horse cannot lean over it and strong enough they cannot knock it down with ordinary force. Gates need to be hinged and latched properly meaning they cannot be pushed open. If you know of poor fencing and do not fix it then you should be held liable for any damage horses cause when they are out loose. The purpose of a paddock is to keep the horses in not to hope they don't get out.
Posted 2011-11-28 6:57 PM (#139166 - in reply to #139119) Subject: RE: Liability
Expert
Posts: 2614
One early spring night about 2 yrs ago or so,I'd fallen asleep in the upstairs bedroom and was awakened by my young filly's neighing.she and our older gelding were in a front pasture together,about 1 acre or less.I woke my husband up and told him something was wrong.we went outside and couldn't see the other 3 that stay in the back pasture behind our house.Went out and the gate was open.Either my husband left it open (which he said he didn't) or someone came in the yard and opened it up (possible.) they ducked under the hot wire and were loose.We were frantic because we live less than a mile from the highway.So we started looking and that's the first place we drove,up and down that highway,twice.Didn't see them.After we passed by a couple of times,we spotted them across from our house behind a little church,visiting with the 2 neighbors' horses across their fence.it's a sick feeling and you can't stop looking until you find them.our fence has a top hot wire but,I still think someone came up in our yard and opened up the gate and let them out deliberately.I was glad that they didn't go the direction of the highway,that's a horse owner's nightmare for sure.
Liability
