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I'm taking payments on a horse sale. The buyer gets hurt on the horse. Who is liable? She has made one payment of $500. She pays for board and feed. She wants her $500 back plus money for medical copays.
16 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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She bought the horse. Seems to me that it is her little red horse (and wagon).
Answered on Nov 03rd, 2011 at 10:54 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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Given the facts as you state them, you do not have any liability for the injury.
Answered on Nov 03rd, 2011 at 9:03 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the bill of sale regarding the horse predates the accident and she was just paying you over time, then you don't have any concerns unless you were aware of some dangerous propensities of the horse and failed to advise her before the sale.
Answered on Nov 02nd, 2011 at 9:34 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Unless the horse has particularly dangerous propensities that you hid from the buyer you have no liability. Plus, the buyer physically had possession of the horse and an opportunity to observe and learn about the animal so probably would have equal knowledge as you about the horse. If the buyer no longer wants the horse because of what happened and you want to force her to pay the full amount you legally can do so. Otherwise, if you want the horse back you can make a deal for whatever you are willing to do that she will agree to. Either way you have no legal obligation for her medical copays. An interesting legal question is present. If the buyer stops paying can you repossess the horse? That would depend on what the paperwork, if any, says about remedies for default. As a practical matter you may want to make a deal with her as she could stop paying you and your only remedy might be to sue her for the unpaid amount. She could sell the horse to someone else and keep the money, stiffing you.
Answered on Nov 02nd, 2011 at 3:04 PM
The answer to this question would depend on what the purchase agreement says, and also whether you were negligent. If you weren't negligent, you probably aren't liable.
Answered on Nov 02nd, 2011 at 1:14 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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You have two issues, contract law and tort law (personal injury). Was the horse sold via a verbal contract or written? Unless there is a stipulation on how the contract can be voided or terminated, then the sale of the horse is likely to be in full force. If the buyer of the horse was hurt while riding the horse, then they assumed the risk. However, if you sold a horse that had a propensity to throw its riders, you knew about it, but did not inform the buyer, then you may have an issue with both the sale of the horse and the personal injury claim.
Answered on Nov 02nd, 2011 at 12:55 PM
Gary Moore
Getting hurt riding a horse can occur despite everyone's careful handling of the horse. I would expect that you did not warrant that the buyer would not have an accident while riding the horse, which you sold to the buyer. On the other hand should you have failed to reveal something wrong with the horse which contributed to the accident you MIGHT be liable for the injuries and/or might have to refund the purchase price for the horse.
Answered on Nov 02nd, 2011 at 9:47 AM
New User
Probably not, unless the horse had a poor disposition which you knew of but failed to disclose.
Answered on Nov 02nd, 2011 at 9:10 AM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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In Utah we have a specific equine statute that limits the liability of horse owners when someone gets hurt. The real questions to ask relate to the history of the horse. Has the horse ever been a problem horse? Has the horse ever bucked anybody else off? If the horse is a problem horse, you may have some trouble with your case because the terms of your transfer are not clear.
Answered on Nov 01st, 2011 at 11:23 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If you sold the horse as "gentle" when you knew otherwise, then the buyer has a case for medical damages and refund of the downpayment. Otherwise, caveat emptor, she is responsible for finishing payments for the purchase and her own medical expenses. Horses are not very smart and seem to injure themselves and people quite often. They are dangerous pets.
Answered on Nov 01st, 2011 at 11:23 PM
The stated facts are insufficient to assess liability or blame for the accident and the buyer's injuiry.Was there a written agreement for the sale of the horse? If so, the terms of that document apply and should be read thoroughly.Was the buyer negligent in causing her own injury or was it just a "freak accident"?. In any case, you should at least consult with an accident attorney for specific legal advice and direction.
Answered on Nov 01st, 2011 at 10:56 PM
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This question is dependent upon how the person was injured on the horse, and in whose "care custody and control" the horse was in. If the transaction was a true sale, even if you are taking credit the sale is a credit sale and the "owner" is the one who is responsible for the actions of the horse. In Louisiana there is no "strict liability" for personal injury cases involving horses.
Answered on Nov 01st, 2011 at 10:26 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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If the new owner fell due to their own inexperience or inability to handle the horse they are liable for their own injuries. Only if the horse caused the accident due to some defect which you hid would you be liable. Unless there are more facts, I would not be concerned about your liability.
Answered on Nov 01st, 2011 at 10:25 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If you had a contract for the sale of the horse and she has already begun to make the payments..she is technically the owner and you a lien-holder until the amount is paid in full. I would think of it like a car sale, with which I am sure you are familiar. The dealer who sells and finances the car for you is not liable if the owner gets into an accident and neither should you. If she tries to get out of the contract, you may be able to sue her for breach of contract, unless she can show that you misrepresented something about the horse and she relied on the misrepresentation to enter into the contract.
Answered on Nov 01st, 2011 at 10:15 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are not liable and it has nothing to do with the sale. Any time you are near a horse there is a possibility that you could get stepped on, kicked or bitten; any time you get on, there is a possibility that you could fall or get thrown. This is called "assumption of risk". Unless you did something to cause the accident, it's just tough beans for her.
Answered on Nov 01st, 2011 at 9:58 PM
Assault Attorney serving Richardson, TX
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This depends on what you put in the sale documents protecting yourself and why the addident happened. Without more information, the liabilities cannot be determned.
Answered on Nov 01st, 2011 at 9:57 PM