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  1. #1
    Join Date
    Oct. 28, 2012
    Location
    NW USA
    Posts
    1

    Default Oh Botulism

    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.



  2. #2
    Join Date
    Dec. 15, 2005
    Posts
    3,466

    Default

    I think she needs to pay up.



  3. #3
    Join Date
    Oct. 14, 2000
    Location
    Now In the Sandhills, NC mostly
    Posts
    6,772

    Default

    She's an ass. Horses get hurt and sick all the time. If she doesn't want to pay a shipper for their time and energy, she should have gotten a truck and trailer.



  4. #4
    Join Date
    Sep. 4, 2007
    Location
    Crossville, TN
    Posts
    1,142

    Default

    She needs to pay them and be incredibly grateful that they were willing to drive her horse to the vet hospital which was the first step in saving the horse's life.



  5. #5
    Join Date
    Apr. 14, 2001
    Location
    Minnesota
    Posts
    16,680

    Default

    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?



  6. #6
    Join Date
    May. 16, 2005
    Location
    Elmwood, Wisconsin
    Posts
    1,371

    Default

    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.
    Robin from Dancing Horse Hill
    Elmwood, Wisconsin


    1 members found this post helpful.

  7. #7
    Join Date
    Oct. 6, 2002
    Location
    Philadelphia PA
    Posts
    16,022

    Default

    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!
    ~Veronica
    "The Son Dee Times" "Sustained" "Somerset" "Franklin Square"
    http://photobucket.com/albums/y192/vxf111/



  8. #8
    Join Date
    Mar. 27, 2011
    Location
    The Land of Buggies and Black Bumpers
    Posts
    932

    Default

    Let her stiff them! Then listen to her whine when no one wants to board her horse or haul for her. I wouldn't want her karma!



  9. #9
    Join Date
    Apr. 10, 2006
    Posts
    7,355

    Default

    Interestingly familiar, lol.

    While I greatly sympathize with her plight, I don't think it was negligence on the barn's part. Sh!t happens, where horses are concerned. I think in this case, it was beyond the barn's control.
    We couldn't all be cowboys, so some of us are clowns.



  10. #10
    Join Date
    Sep. 2, 2005
    Location
    Upstate NY
    Posts
    12,262

    Default

    What a wonderful way to make the next person with a sick horse emergency not be able to find someone to truck them.

    Of course she owes this bill. It is not the BOs fault the horse got sick.



  11. #11
    Join Date
    Feb. 6, 2000
    Location
    MA
    Posts
    12,677

    Default

    Quote Originally Posted by Dance_To_Oblivion View Post
    She needs to pay them and be incredibly grateful that they were willing to drive her horse to the vet hospital which was the first step in saving the horse's life.
    That'd be my feeling.
    "It's like a Russian nesting doll of train wrecks."--CaitlinandTheBay

    ...just settin' on the Group W bench.



  12. #12
    Join Date
    Apr. 14, 2006
    Location
    Saco, Maine
    Posts
    4,715

    Default

    This is just dumbfounding. I can't actually believe this is a true story........
    Proud and achy member of the Eventing Grannies clique.



  13. #13
    Join Date
    Sep. 2, 2005
    Location
    Upstate NY
    Posts
    12,262

    Default

    Quote Originally Posted by RiverBendPol View Post
    This is just dumbfounding. I can't actually believe this is a true story........
    The OP has not said anything else so I am wondering that too.



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