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[RC] Trespassing Stallion - Sharlene Roberts-Caudle

Others have touched on some of the relevant issues. 
It can be different from state to state and I don't
know what state you are in.  However, you want to know
1) Does your state have strict liability laws for
"dangerous animals" (common); AND 2) Are stallions
defined as "dangerous animals?" (usually); OR does
your state have specific regulations concerning the
fencing of stallions which your neighbor has violated?
If either of these conditions are met then your
neighbor is liable for your damage if you can show
that your damage was caused by his stallion, you don't
have to show that he was negligent.  Small claims
court might be the route, check with your small claims
advisor if you have one.  You can probably find out
the answers to the 3 questions by visiting your county
law library which should be open to the public.  The
law librarians can't give legal advice but are
generally very helpful about guiding you to legal
information.

As someone else mentioned, since this is a neighbor
you presumably want to have decent relations with,
informal mediation might be a good first step.  If you
show him his legal liability he might change his tune.
Of course, it doesn't sound as though your
relationship is very good anyway?  He also might
decide to geld or otherwise dispose of the horse once
he knows what his liability is.  I'll bet that his
homeowner's liability insurance provider would drop
him pretty quick if they were aware of this liability.
You can't even get coverage in CA if you have a
Rottweiler, Pit Bull, or Doberman cross dog.

He also might be afraid of how much the cost will be,
like a paternity suit where he would be liable for the
support of the youngster :-)  So if you let him know
what that is, it might help.  Finally, he may feel
guilty that he hasn't gotten around to doing anything
with this horse yet and is defensive about it. 
Perhaps you could give him some ideas or help in that
direction.

Good luck, let us know how it turns out!
Sharlene

Good luck!


               
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