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Who is held legally responsiable for accident.?
A horse is boarded at privite property, the owner of property lives on site the owner of the horse does not. Someonevis trepassing on the property locking horses up without water for hours at a time, leaving gates open for horse to escape onto the highway. A horse enters the bus
y highway by the fault of a violater causing a accident with the horses death and personal injuries to the drivers and thousand and thousand of property damage. Who is held accountable the violated if proofen, the property owner, or the horse owner, this is very important !!!!!
7 Answers
- Anonymous1 decade agoFavorite Answer
That depends on the agreement for boarding the horse. They can go after both parties unless the property owner was supposed to care for the horse(s).
- Anonymous1 decade ago
First port of call is whether the person who is supposed to be looking after the horses was negligent in their duty (this would depend if they knew this type of thing was happening and didn't do anything install locks etc to prevent it, checked on the horses regularly etc). If so they would be held liable as they failed in their duty to look after the horses and thus keep the public safe. If not the next port of call would be to track down the criminal who let the horse out)
If its found that negligence was an issue in the horse escaping then it would depend on the agreement between the owner of the horse and the owner of the land. If there was an agreement that the owner of the Land was responsible for looking after the horses then they may be found liable. If the horses were kept on the land unbeknown to the owner of the land (or with an agreement they are fully in the horse owners responsibility) then the owner of the horse would be liable.
This is in relation to UK law, but generally the UK/US/EU law is very similar across the board.
Hope it helps
Source(s): LLB with hons Law degree - Anonymous1 decade ago
First: next time use the spell check feature.
The property owner is at fault, unless there is a specific clause in the boarding contract which limits their liability in this instance.
Either way, I would still retain a lawyer and sue to stay out of the impending lawsuit by the drivers of the vehicles.
I would also sue the property owner for the value of the horse as well.
- jurydocLv 71 decade ago
That would depend on the extent of knowledge the property owners had of the trespassing and the lengths they went to to prevent it and/or correct it. If they knew and did nothing -- notify police every time, make frequent checks of gates, etc. -- then they could be held civilly liable. IF it can be proven that the trespasser indeed left a particular gate open ON PURPOSE and that is what let the horse go free, then the trespasser can be held both criminally and civilly liable. The horse owner, via the boarding contract, probably cannot be held liable.
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- regeruggedLv 71 decade ago
If it can be shown that someone deliberately left gates open, that person is solely liable. The property owner might be liable if he cannot show that he took appropriate steps to keep the horse under control.
The owner of the horse is probably not liable. If it can be shown that he knew of unsafe conditions and did nothing, he might be jointly liable with the property owner.
Source(s): Retired claims adjuster - 1 decade ago
It varies by state, in Kentucky the horse owner is responsible for the horse, but they can turn around and sue the owner of the property or the person (if caught) responsible.
