Escaped stallion got into field and covered my sisters mare!?

First part , in 1981 the Uk Govt repealed the 1958 legislation that required stallions to be licensed.

Second part. I have had horses for many many years and I agree with the sensible sentiments in your question.

I have not found any English cases on liability, maybe there are and some will be found, regarding the situation you describe so I think you would need to look at issues of potential negligence on the part of the Stallion owner. Negligent liability boundaries are never fixed in law and seem capable of extension and developement as daily life throws up new challenges .. however uncertainty brings with it expensive litigation.

I suggest and would argue. Stallions are not automatically dangerous just because they are stallions . . .since they are domestic animals ( mansuetae naturae as opposed to ferae naturae ! )you would need to establish some prior knowledge on the part of the owner due to that particular stallion and / or breed characteristics. However ..

What can the stallions owner be expected to know and anticipate ? I would suggest that they could anticipate that stallions will try to do what comes naturally, they will try to collect up mares and establish a harem, they will most certainly be able to detect a potentially available in season mare in an adjoining field and they will try to reach that mare and serve it. Taking all that into consideration I would argue that the stallions owner should have very substantial fences and as you yourself say have something better than a few strands of wire and even a conventional field electric fence is no deterent to an amourous stallion.

For these reasons I would argue that the stallion owner could well be found negligent, its only a posh word for carelessly liable, and a negligent person is liable for the obvious and logical consequences that flow from that negligence. A foal is the likely consequence of a stallion mounting a mare just as much as unprotected sex amongst humans is likely to lead to a child.

I think you just might have a case for your vets fees and its worth a visit to a solicitor if the stallions owner will not pay up. For the same arguements I would say that from now on, knowing the stallions proven roaving eye its owner could be liable if the stallion hurt a rider in the course of its amorous wooing.

Edit: To 'Tracey Seth' .. Montana's a beautiful State as is Alberta Province a bit North of you , however in the UK the principle favoured arable farmers and livestock has to be 'fenced in' by its owner whereas you have the principle which favours the ranchers and there cattle / livestock has to be 'fenced out'.

If the stallion is on the owner's property and the fence is substandard, then generally the owners on either side of the fence have to pony up (pun intended) half the funds each to construct a suitable fence. Unless your state has an open range law, which would then require anyone who wanted to keep livestock out and off of their property, to build a fence at their own expense. So it depends.

If you are subjected to the open range law in this particular area, then it would also mean that the owner of the stallion who got with the mare and bred her would NOT be liable for vet bills associated with an unwanted impregnation.

EDIT-Yeah, the UK probably doesn't have open range laws. I'm from Montana where they do apply. Sometimes I forget to qualify my answers.

No it's not illegal to keep a stallion in a field and you would have to prove negligence on the part of the owner. It could cost you thousands of pounds in Court. I would just pay the vet and write a polite letter to the owner explaining what has happened.

Both owners have a responsibility to keep their animals in also also others out

You are right this can be very dangerous with and inexperience rider

But in this case from what you have posted don't think you have a case as it was your job to keep the mare protected

I have a Morgan That ''horn dog'' has jump 5 feet to get what he wanted guess that's why I love him so he takes after his owner

Yes it is perfectly legal to keep a stallion in a field

Where you stand legally is you need proof and the ability to afford soliciors and barristers to go to court.

So you want the vet to abort (murder) a foal just because you don't like who sired it?

And no, it isn't illegal to keep a stallion in a field. A property owner can pretty much do what they wish with their property.

Hey !The horse did what a guy is suposed to do!Leave him alone ,or get your mare a chastity belt!

>young riding mare who in my opinion is not >mature enough to have a foal, mentally and >physically speaking

LOL

Oh please, animals act according to nature, they don't need humans to decide if they are mentally mature.

If there is proof and witnesses, you may have a case.

However vets fees are likely to be less than hiring a solicitor and barrister.

god thats really bad :( if you ask me the stallion's owner doesnt have any legs to stand on.

Contact RSPCA who will offer advise/who to contact