Proving again that the truth is stranger than fiction...
I’ll be picking out a specific case out of the hundreds
I’ve worked on in the past years and give you a brief
rendition of the facts and outcome. And, I may cover pertinent equine related topics.
Taking advantage of situations that have occurred to others may lead
you to say things to yourself like, “Boy I’m glad
that didn’t happen to me!” Anyway, for sheer entertainment
value, you’ll like them.
After reading the Blog, please
feel free to call or e-mail with any questions or comments. Although I will not be taking comments on this blog, your feedback is welcomed. Archived Blogs available at this link.
NAES BLOG - December 2018
The following situation comes up way too often. That is where your stable or ranch has a horse for sale and many folks want to come out and try the horse.
It then is your job to determine just how well the prospective buyer actually can ride, because if you don’t…….. then prepare to fight a lawsuit when your previously “Bomb Proof” horse bucks the prospective buyer into the side of the ring. Or the prospective buyer rides like %#*#!! and then slides off the neck of the horse and ruins “something.”
Naturally, you will want a waiver created by your attorney. Also, make sure they will need to explain in detail how they have gotten their experience. Obviously, your horse must be squared away, so maybe they will need to spend 15 minutes on the longe line or whatever it takes to settle the horse down.
I would also suggest that someone videotape the proceedings so you have proof as to the buyer’s ability to ride. It’s always smart to visualize what would happen if you’re on the witness stand trying to defend your side of the case after the buyer falls off and hurts themselves badly. And in that regard, make sure that they must wear a helmet ...and make it mandatory. If the prospective buyer just will not wear the helmet, then you must not allow them to ride your horse.
On the waiver, it’s a good idea to state that you require a helmet to be worn at all times. In other words, the plan should be to always be to anticipate unfortunate incidents that can pop up and cause lots of problems.
In the same light, it’s always a great idea to make sure all your important insurance documents, bills of sale and supportive contracts be available for review at a moment’s notice. Only after you have your papers organized, will it be time to inspect every area of your horse facility. I have been asked to perform numerous accident inspections, and it simply is amazing how tragic it is to see the damage a misplaced broom or shovel can cause.
So I guess it comes down to is this: The more preparation you can muster in organizing your horse facility, the easier it will be to make your operation successful, impervious and able to be successful. Good luck, my friends!
Archived Blogs - at this link
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NAES is the leader in multiple breed equine appraisals. We can give you the most accurate and professional qualified appraisal in the industry. more...
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| David D. Johnson operates North American Equine Services,
LLC as its President and CEO. The company, based in Phoenix,
Arizona specializes in litigation consulting, related activities
and horse appraisals for the legal and insurance communities
and has been doing so for the past 30 years throughout North
America. more... |
| As the premier financial appraisers and evaluators of the equestrian sport in the United States and North America and because we operate in the public spotlight, we are expected to conduct our affairs in a manner consistent with the great trust that has been placed in us. more... |
As a licensed official with the United States Equestrian Federation (USEF), Mr. Johnson fully supports and promotes the organization’s efforts with the safety and welfare of horses and riders. The USEF has instituted a Safe Sport Policy available at this link.
Questions and answers regarding the USEF Policy are available as FAQ’s at this link. NAES has had similar policies in place since its inception.
NAES clients expect absolute confidentiality in their dealings with our firm. more... |
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December 2018
When showing one of your horses to a potential buyer, always do whatever possible to determine the prospective buyer’s abilities.
Then, always have them sign a release prepared by your attorney, because accidents do happen. |
| Current & Past Tips |
NAES, while not giving legal advise of any kind, provides a full range of services to horse owners, and the legal and insurance communities. Check our Legal Services page for more.
- FREE phone discussion for however long it takes to discuss anything horse-related.
- NAES can then guide you in the areas of standards & practices, accident investigation and anything involving horse activities.
- We also provide expert witness testimony for settlement conferences, arbitrations, mediations and at trial. |
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