My friend's horse got botulism last year and thanks to her insurance and the fact that she did have money saved, she was able to get him through it for about $20,000. The horse is now healthy and happy again, which is a complete God send because we all know that it normally does not end up that way.
The barn that she boards at had to trailer him 200 miles to the nearest hospital in the emergency situation. Now they want their money and she feels that she should not have to pay it due to the horse getting sick on their property.
This barn is not located in an area where botulism is prevalent and no one I know of vaccinates for it. The vets do not even keep it on hand because it just never happens. The barn does not feed round bales, and no other horse on the property got sick. I told her that I do not think she can prove negligence and should just pay the bill (or at least try to come up with a payment plan, or give a sob story about no money and ask if she can only pay for gas, etc).
What is everyone's feeling on this? Is there a possibility of her winning this?
I feel like if it went to court her claim of negligence would be overturned by the fact that she, aka the horse owner, technically did have the option of vaccination (because there IS a vaccine) and she chose not to use it. Therefore she would be at fault, not the barn.
Ditto everyone else. She's being an ass by not paying. She should be grateful they were willing to haul the horse 200 miles. That she thinks it was their responsibility to do so is absolutely ridiculous.
If she continues to pursue the "I'm not paying" route, what does she think will happen NEXT time her horse needs to go somewhere?
While I agree that she should pay for the shipping, the fact
that she did not vaccinate may not be relevant. There are
several strains of botulism and the vaccine only covers one
of them. She may wish to ask the vet hospital which strain
her horse had and whether the vaccine would have
protected for that strain.
Is this for real? Someone thinks the barn is responsible for her horse getting botulism even though they seemingly did everything right, SHE neglected to vaccinate, and she can't pinpoint anything negligent the barn did to cause it (no round bales, no other horses sick). And she wants to stiff them on the bill for taking her horse to the clinic. FOR REAL? Why not sue god, he made the earth-- right? So it's his fault too. Jeez!