Boarding contract question

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I have a question about my trainer's boarding contract. I would like to know from those oif you who board or those of you who do boarding if this is normal.She has in her contract under Insurance " Stable is not responsible for any theft or damage to the Boarder's personal property. Stable, its agents and/or employees shall not be liable for any accident, injury, disease, theft or death of any horse while in its custody or any other cause of action whatsoever arising out of,or connected in any way with the boarding of the horse. That includes, but not limited to, any personal injury or disability the horse may receive while on stable's premises."

I did not like this because if the stable does something wrong they are not responsible. The stable, which I will not name, does not have total fenced in property and any horsse that gets loose can run into the road easily. Am I correct in thinking that I should not board my horse there or is this something that everyone doe?.
 
Hi Nancy

I do think that is a pretty common clause for boarding stables. For sure you should carry insurance on your horse.

But if they have a spot where the horses can easily get out and run in the road, I would not board there.
 
That is fairly standard wording for barns--I don't board but have seen contracts for boarding and training barns and most--maybe all--include that wording (or very similar if not that exact wording) When we had Morgans we did stand a stallion to outside mares & our breeding contract included similar wording. Naturally we took every precaution to ensure that nothing did happen to the visiting mare, just as we try to make sure nothing happens to our own horses. However, as you know, with horses anything can happen no matter how hard you try to keep them safe, and barn owners do need contract wording to protect themselves in the event something does go wrong. Honestly, wording in a contract will not necessarily protect the barn owner from a lawsuit--some people would sue regardless, and might possibly even win if they could prove there was serious negligence on the part of the barn owner.

You need to ask yourself--do you trust the barn owner (and staff) to be careful with your horse? Or do you feel that the barn is poorly run and staff is likely to be negligent with things like fence repairs, keeping gates closed, etc.?

Using my own barn as an example--our yard is not all fenced. If a horse manages to slip through an open gate and get out into the yard there is nothing to prevent him from going out onto the road (not a busy road here most times--it is not a paved highway). I don't feel that makes my property a risk to horses. Yes, we've had horses get out but it is certainly not a common occurance and only once did the loose horses go out to the road (and across it into the neighbor's field)--once in 25 years that we've been here. Otherwise it's been only a single horse--and like I said that doesn't happen often--and that lone horse stays in the barnyard around the other horses that are still in the corrals. We have an extremely low incidence of injuries in our horses--the property is safe for horses and we give extremely good care regardless if it is our own horses or someone elses (not that we often have outside horses here) As a barn owner we don't want an outside horse injured any more than the horse's owner does! If a visiting mare had ever gotten injured here it almost certainly wouldn't have been due to any negligence on our part--and if the owner wanted to sue anyway they'd have no luck in proving negligence. But, like I said, with horses things can just happen through the fault of no one other than the horse's aptitude for hurting itself "somehow" and that is why barn owners include that wording.

If you don't trust the barn owner in question then you should certainly look around at other facilities, but be prepared for those facilities to have the same wording in their contract. And if a barn doesn't have that wording, or doesn't have a contract at all, don't assume that makes the barn safer or that it means the barn guarantees nothing will happen to your horse while it is there.
 
I do trust the woman that owns the barn. She is my driving instructor. Having had horses for the last 22 years I know that you can never predict what will happen with them. I am just concerned that if something should happen that there is no recourse for me. Snice I just purchased this mini and have never boarded with this clause I am concerned about what I would need to do if something did happen through the barn's fault.
 
I am not planning on leaving him there that long so insurance is not really the way I want to go. He will be there long enough to have me get used to him and learning to hook him to the cart. It just scares me if something were to happen to him while there and I lose him right after getting him.

Thanks for the answers.
 
The wording is very basic, but....It does not matter how long or how little a horse will be at a trainers (or how unrenouned or renouned a trainer is). If it would be a hardship to replace the animal or to have medical bills in excess of the cost of the policy (plus the deductable), get the insurance. It is a much easier pill to swallow than playing the blame game down the road.

Trust me a horse can get injured within the first few days at a trainers or any new environment while it is settling in and checking out its new surroundings.

My best piece of advice to anyone, beyond insuring the animal,...if you are looking at a trainer to offer basic driving or training skills, don't think you have to go with a big name. It is a huge benefit to go with someone within a reasonable driving distance to be able to pop in and check on your horses progress at any given time.
 
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I have used two different mini trainers over the past few years, one for my old halter horse, one for my driving horse. Both had contracts with very similar boarding, and when I had a horse hauled home by a transport company, they also had a very similar statement in their contract.
 
Standard legal language
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It does NOT protect the farm against gross negligence. It protects the stable from standard horse risk, assuming they act appropriately.
 
Thanks everyone. Just making sure this is the way every barn does it.
 
I agree with Nathan- even though they say they are not responsible if they are negligent in any way or do something wrong they are responsible.
 

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