Legal Question in Civil Litigation in California
Death of a horse
My horse was injured at the boarding stable and had to be euthanized. Am I entitled for the value of the horse and refund of boarding fees, medical bills etc. from the owner of the stable? The owner of the stable refuses to even give back my deposit claiming that she is not liable for the injury. My horse was a 13 year old breeding thoroughbred mare.
3 Answers from Attorneys
Re: Death of a horse
The answer depends upon how the horse was injured and what your contract with the stable says. The stable is not an insurer and surely did not guarantee that the horse would not be injured or die while staying there. It may be at liable if it is at fault for the injury. However, if your contract included a waiver of liability, that waiver may bar your claim.
Re: Death of a horse
I agree with the response of my colleague Mr. Hoffman. You did not describe how the injury occurred and it may very well that the owner of the stable is not liable.
Also, a properly written release in your contract could eliminate any liability except for gross negligence.
Re: Death of a horse
I would need to know under what theory you claim liability, by looking at all the facts. Did you have some type of agreement? Were they negligent somehow?
Best,
Daniel Bakondi, Esq.
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