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Venting of neighbors, horses and insurance
Topic Started: Nov 26 2007, 05:29 AM (210 Views)
Trialbyfire
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So, a very long story made short:

A neighbor has a "riding academy" and brought 4 young students on a "trail ride" the other day. As part of their circle, they had to walk on the road in front of our house. We were out doing yardwork and my two dogs decided to investigate - one being curious and social, the other barking because of the gaggle of of riders and walkers (various parents) along side.

I go to retrieve my silly dogs, and some of the parents were chastising the dogs, telling them to "go home". I couldn't help but respond "they ARE home." They were in our yard [which is very large] and being reasonably well behaved (although I'm not thrilled with the barking...but this was a fairly unusual sight for them).

The parents were understandably concerned, because as I got closer I could see that these kids were as young as 4....perhaps the oldest was 6 or 7. Ponies wearing grass reins. The kids could not have controlled them if they had to...not even on a bet.

So.....as a homeowner, I'm kind of concerned and irritated. I don't think it's ok for my dogs to bark at horses on the road....however....the reality is that my dogs, or my kids on their bikes, my own horses, or even our tractor might spook a pony enough to unseat a 5 year old. And, I'd bet money that the owner of the "riding academy" [aka barn full of untrimmed, wormy ponies in the mud] has no insurance...which makes us feel as though we are being put into an unusually high risk situation.

Probably there is nothing for us to do but insure ourselves (we already have a large umbrella policy)....we own more than 1000 feet of road frontage.....but we are considering speaking to our lawyer as well.....

And trying to figure out how to keep my dog from barking at horses being ridden on the road....which we have seen only occasionally and usually they are in (by coincidence.)

Sigh. Gotta love neighbors. :brickwall:
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Reynard Ridge
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I was in a situation a few years back where a dog - safely confined to his yard behind a fence - suddenly came rushing out barking at full volume when I rode past. My horse spooked violently, just as a car was driving past, doing $1500 worth of damage to the car. Luckily, no one was hurt.

How do you even begin to figure out "who is to blame" for that one? I have to say, as the person riding the horse and responsible for my horse, I do think that I was responsible for any injury to my horse - my choice to be out on the road. The dog owner? No responsbility. Dog was locked behind a fence. Car owner? Also no responsibility, they were driving responsibly on the road.

As it turned out, the car owners car insurance covered the car damage. Whew. And there was no other damage. Whew.

But it sure is a puzzle. Where do you draw the line on your responsibility? I think the property line is a good one, but given the success of people suing over "attractive nuisances," well, it makes you wonder. If the children had been injured, even though the dogs were on your property behaving like dogs on your property should be allowed to behave, would that have been sufficient?


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DairyQueen2049
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Ah yes, there are laws, and there are laws - and with injured children all bets are OFF.

Having once been hit by a vehicle (my horse spooked into the traffic) I know full well that while you THINK you have control, you NEVER EVER really do. I don't care how old, easy going, wonderful in traffic your horse has been, all it takes is 1 second. In my case it was a deer careening out of the woods toward us and traffic - the vehicle in fact hit us shoving us into the deer. Horse and I survived to tell about it - but I avoid road riding for just that reason - no control.

Don't kid yourself, you never really have control of that 1000# beast under you.

And those neighbors don't have control either.

A lawyer may be able to suggest that you put in writing your concerns and present it to said neighbor. You and I both know you have no control over the roadway in front of your house, or your neighbor either. But perhaps you can minimize your risk by presenting these written concerns to the neighbor??
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Trialbyfire
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Yes....I know....that's why it's really just a vent. <_< I was particular grouchy yesterday. :P

My dh is an insurance lobbyist, so he knows that if a child is injured everyone in the world will be sued; if not directly by the parents, by the other insurance companies. So it stinks when you're pretty sure the trainer/barn owner doesn't have any insurance and we do.

At the barn where I take lessons, I know that if I asked to cool down a horse by walking down the road they'd say absolutely not. I wouldn't even ask, because I'm sure they'd say that for insurance purposes they require all students to remain on their property. It's a totally different issue if horse owners ride on a public road, in my opinion.....but probably not much we can do.

In theory she may be required to have a permit to conduct business on a public road...which is what my dh (also a lawyer) thought could be some recourse if this becomes a common event....but I think it's highly unlikely to result in any change in practice, just hard feelings.....which we always try to avoid with neighbors. :brickwall:

PS both your stories have made me think riding on the road is something I will never want to do! Yikes!!!!

Thanks for letting me vent!
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