Can I sue for negligence that lead to the death of my horse?

My ex's parents own property where we agreed that I could keep my horse, they would feed and water her daily. If there were any issues with her fencing/health/feed anything they were to call me so I could come take care of it. On April 12, 2009 I received a phone call that she had broken loose from her pasture - which was about a 1/2 acre in size with 2 strands of electric fence, hooked to a 30 mile radius power box. She was hit by a car out on the road and had to be euthanized before I could get to her. Is there any way that I had hold them accountable? In todays market she could have sold for approximatley $7,500. She had been part of my family for almost 8 years and will never be able to be replaced. What can I do?
Thanks for your time!

Thank you to the woman who told me that my price estimate is wrong, i'm not just some back yard owner, this mare had been a State champion on numerous occasions and qualified to go to the APHA world show in 2006 and within the past year I was offered $10,000 cash for her but refused to sell.
As for the agreement was that they would care for her daily with me providing feed, hay, vet care and farrier care. The were to be responsible and make sure that the fence was properly working and if anything was wrong to contact me immediately. Apparently earlier in the day they noticed that the fence was not working (I was told this when I arrived on scene after speaking with my ex-inlaws.) The State Trooper that was also on scene did advise me to get an attorney to sue for damages, because this was a high end show horse.
We lost a puppy a few years back from an attach by another dog and sue for loss of companionship does this apply?

Attorney answers (3)

Licensed in FL

Dennis Phillips Pro

Plantation Estate Planning Attorney

Contributor Level 17

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Answered September 15, 2009 07:57. That is terrible news about your horse.
As for a negligence claim, you would need to be able to plead and prove that your ex's parents breached a duty to use due care and that the breach lead to the death of the horse. Your fact pattern does not address what the caretakers did or didn't do that caused the horse to be able to get loose. If you have more specific information, please post it on this site so we can better inform you.

Dennis Phillips, Esq.
www.inawreck.com
Florida state-wide personal injury, wrongful death, and insurance disputes

Licensed in FL

Daniel Woodring

Tallahassee Education Law Attorney

Contributor Level 13

Answered September 15, 2009 08:04. This answer is not specific legal advice, nor does it establish an attorney client relationship. Generally, you might be able to bring a county court case for negligence since the value is less then $15,000, but you would have to prove negligence; the fact that the horse got out does not alone generally prove negligence on their part, and you may also have issues with what duty they owed to you- i.e. were you paying for them to board the horse, or were they gratuitously doing this for you.

Laura Mcfarland-Taylor

Bolingbrook Trademark Application Attorney

Contributor Level 20

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Helpful vote

Answered September 15, 2009 11:03. I am sorry about your horse.

The driver of the car that hit your horse could sue against you and your ex in laws for negligence (and you should assume that his/her insurance company will do so) and I suppose you could then counter sue.

However, such a suit could be very expensive and I think you are seriously overestimating the value of your horse - the horse market is AWFUL and unless your horse is incredibly well-trained and winning a lot of competitions or has amazing bloodlines or is throwing amazing foals I don't think your estimate is correct. In addition, horses are considered property (as are most animals) and emotional attachment is rarely taken into consideration when awarding damages.

Lastly, I think that the fact that the people caring for your horse are your ex in laws will work against you as the suit might be seen as a personal one.

Can I sue for negligence that lead to the death of my horse?

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