Legal Question in Civil Litigation in California

Re: Horse Injury

I am assuming that your daughter was not riding your own horse, but another person's horse.

I would apply some general principles here. Think of the horse as a car. If your daughter was driving someone else's car, and got into an accident, she would be responsible for the damage -- if she was negligent.

The question is whether she used reasonable care when riding the horse. If she did not, you would most likely be liable.

Vet bills are reasonable, as could be the diminished value of the horse -- but probably not boarding costs.

You should probably consult an attorney to go over this matter with more specifics. Also, check if you might be covered by insurance (such as a homeowner's policy).

Re: Horse Injury

I'd like to add a few words to my earlier response in light of what the other attorneys have since said.

Your question seems to be asking two things -- first, whether you are financially responsible for your daughter's liability and, second, whether your daughter is liable for this accident. My response was primarily aimed at the first part of the question. As I said, parents are responsible for any damages for which their children might be held liable.

Some of the other attorneys correctly point out that your daughter might not actually be liable here if she was not negligent. This is a factual issue, and will depend on such things as whether she should have seen the barbed wire, whether she should have known that the trail was dangerous, and even whether the horse itself disobeyed her commands and became entangled while she tried to steer it away from the wire. The ranch may also be found negligent if the ranch hand should have kept your daughter on the premises.

I can't tell you whether your daughter is at fault, but I can tell you that you will be financially responsible if she is. In retrospect I wish I had initially made the point about fault as clearly as I made the one about parental liability, since it may have sounded like I believe your daughter is to blame for the accident.

Re: Horse Injury

If I were them, I'd want that too. But, they have no legal claim against your daughter or you if the facts are as you relate. Injury to the horse is only compensible if your daughter failed to use reasonable care and that caused the injury. The owner of the stable may be liable, however, since the stable hand's act is imputed to the stable owner, his employer.

If anyone sues you, don't let the lawsuit go unanswered. It should not cost that much for an attorney and it may even be covered by insurance coverage.

Re: Horse Injury

Generally speaking, parents are financially responsible for the damages caused by their underaged children. The fact that the child was acting without your permission really doesn't matter. Imagine if your neighbor's child damages your house and his parents try to evade responsibility by saying they had told him to stay away from your property. That would be a pretty poor excuse, so the fact that your daughter was acting without your permission isn't very helpful.

A demand for vet bills seems fair under the circumstances. The "value of the horse" seems a bit much if it makes a full recovery, but a demand for the fair rental value of the horse for the duration of its disability makes sense to me. I'm not sure whether the boarding costs are also an appropriate demand, since the owners would have to pay those costs anyway if the horse was healthy. Then again, they might have to get a replacement horse and pay for its board, and they shouldn't have to pay twice.

There might be some way to hold the ranch partly responsible, but you would have to show that they were somehow at fault. Given that the accident occurred off of the ranch, you might not be able make such a showing. Of course, there may be other facts which were not included in your question which would change my answer. For example, if the rance had a rule that its employees had to supervise children and that rule was not followed, you might have a claim.

Re: Horse Injury

Your situation could turn out to be a sticky one. You are resposible for your daughters' negligent actions however there certainly could be liability on the part of the ranch. If you own your home, your homeowners insurance could be helpful. You may want to tell the horse owners you are sorry about the accident and try to work something out where your daughter takes care of the animal to pay the debt, but you have no money to pay for the bills. The owner may look for indemnification from the ranch or they might sue you in which case you will have to defend yourself. Good luck-Martin

Re: Horse Injury

I concur with Mr. Roth. Absent a showing of negligence, they have no claim. Although you may never be found liable for damages, it can be unnecessarily expensive to defend a lawsuit. Your best bet might be to have an attorney hit them with a letter right away. By showing that you are represented by counsel, you may dissuade any attempt at legal action. An ounce of prevention is worth a pound of cure, right?

Re: Horse Injury

Without any showing of negligence on the part of your daughter, there is no case. However, you should notify the stable about what has happened and consult with your own insurance comapany. You may have coverage to protect you in the event that you are sued. You should also consult with an attorney ASAP.