Legal Question in Business Law in Texas
In an equine boarding situation, can the horse owner/boarder be charged by the stableman for taking/using his horse and entering it into Ranch Sorting Competitions without having the horse owners permission or consent?
1 Answer from Attorneys
First you must look to the boarding agreement to see what, if anything, the stable operator is permitted to do with the horse. If the agreement does not permit this use by stable it seems doubtful the stable operator is entitled to recover these costs. there could be an issue of liability of the stable to the horse owner for misuse of the horse. In any event I think it would be foolish of stable owner to use a horse in such a way without authorization, because what if the horse was injured, or worse. The stable owner would probably be liable and if using the horse without consent, would his insurance protect him? What also would be the reaction of other boarders? What does this say about his business ethics?
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