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 - January 2019
Barn and stable maintenance is so important in keeping “safety” as the most important item in your checklist of “Very Important Things” to remember at your horse facility.
It is so stupid when any horse becomes injured because a pitchfork was left outside its storage place, wherever that is. Even if the horse involved is not your potential champion green working horse but an old wonderful school horse who has single handedly paid for the new indoor ring…….. you never are “OK” with any horse becoming hurt because of a stupid neglectful human error. After all, we are horse lovers.
The case I had many years ago, involved a high end show stable which was usually immaculate. The problem was a simple tack cleaning hook attached to the barn ceiling and positioned not close to the wall and door opening into the beautiful tack room, but somewhat in to the barn aisle; obviously a dangerous place to have any metal object with the potential to injure a horse or human, for that matter.
And the sad part is that all the horse owners and the stable owners/managers had seen the tack cleaning hook for many years; in other words the exposure to the potential cause of accidents was in very clear view to all for years.
NOW THE ACCIDENT: Several horse owners and guests with their very fancy show horses were at the barn in order to take lessons from the resident trainer, a well-known young man from Canada who had a fabulous record showing both hunters and jumpers. In other words, a well-qualified person to teach these wealthy horse owners.
Now, as the Canadian has taught all morning long, a lunch break is called and, after lunch, the students go back into the ring, but approximately half way through the afternoon session, one of the woman students complains about a migraine headache and leaves the arena. She momentarily leaves her horse untied as she darts into the tack room and then is startled by her horse rearing up into the air and crashes to the barn aisle in front of the tack room.
Obviously, the horse had caught his left nostril on the tack cleaning hook, got scarred, reared and set back, then collapsed on the dirt floor. The “tack cleaning hook” is actually made up of three hooks, welded together then chromed.
The prominent blood flow from the wound was stopped by putting many towels over the horse’s nose. By the time the veterinarian and his vet tech showed up, all they had to do was “start stitching.” The horse ended up receiving over 60 stitches.
Obviously, a lawsuit was filed against the stable owner. I had been retained by the plaintiff to testify as to the damage which could have been anticipated by having a metal cleaning hook in close proximity to a horse area. In addition, the damage to the horse was severe and included two severed nerves which paralyzed the right side of the horse’s face, and looked to be permanent from the testimony of the veterinarians.
A case such as this is very difficult since I have known many horse people for many years. I received my judging licenses in 1969 and as so many of the cases I handle are related to hunters and jumpers I backed off from accepting many judging jobs.
In this instance, I knew the barn owner and several of the women quite well, so I felt bad that I was being called upon to testify against an old friend, but my ethical background is very strong and I will not under any circumstances become affected by such a case.
The safety lesson, which cost the insurance company a boatload of money, should not have cost anything. The smart, wise thing to do, for the barn owner, was to have assigned the job of safety “checker” to the barn manager or perhaps the senior groom, or the individual you feel to be the most responsible. Then, of course, as the stable owner, you must always check……. It’s always up to you, the boss, to always follow up so you can ALWAYS TRUST YOUR FACILITY. It really is so very simple.
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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Horse of the Month for
January, 2019
To start off our New Year horse-wise is the American Saddlebred mare, “SHE PHLOATS ON AIR.”
more...
Past horses of the month |
January 2019
At this time of year it is always wise to verify that your attorney and accountant/CPA are all talking on the same “wave length,” that is your horse “hobby” is actually your business.
In that regard, everything in your life is tax deductible. |
| 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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