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Re: [RC] [RC] Horrible accident - why? - Chris PausNo, your i nsurance company won't sue you, but if they have to pay out a big claim, they are going to look to somebody for reimbursement... in this case, probably the horse owner.
I don't have any legal expertise at all, so I defer to Rhonda. but I've seen a lot of lawsuits filed and had to report on them.
chris
----- Original Message ---- From: RHONDA LEVINSON <rhndlev@xxxxxxx> To: chrisnstar@xxxxxxxxx; ridecamp@xxxxxxxxxxxxx Sent: Tuesday, October 24, 2006 3:57:28 PM Subject: Re: [RC] Horrible accident - why? Actually, so no one in Kansas panics, the livestock owner is liable in Kansas ONLY if the owner knew or had reason to know that the animals might get out. For example, if your fence was very rickety and your animals had gotten out before. Our statutes set out requirements for fencing, but violation of those statutes does not per se render you liable if your animals get out. Also, as an aside, it wouldn't be the insurance company suing the horse owners, it would be the deceased persons families. Insurance companies are out there to protect us in the event that someone gets hurt because of our own fault or negligence. So, your own insurance company won't sue you to get back money that it pays out on your behalf, unless you have somehow defrauded the company. Rhonda >From: Chris Paus <chrisnstar@xxxxxxxxx> >Reply-To: Chris Paus <chrisnstar@xxxxxxxxx> >To: susan cooper <desertduty@xxxxxxxxx>, ridecamp@xxxxxxxxxxxxx >Subject: Re: [RC] Horrible accident - why? >Date: Tue, 24 Oct 2006 13:11:42 -0700 (PDT) > >It's not the same everywhere and definitely depends on whether your state >is a 'free range' state. If so, the liability is on the driver. And >neighboring landowners have to fence your animals out, not you fence yours >in. > >I live in Kansas and it's not free range. Landowners are liable if their >livestock gets out and causes a wreck. > >As a newspaper reporter, one of the worst car wrecks I ever got sent to was >a car vs horse, 11 p.m, pitch black night, dark horse on a major 2 lane >highway. The horse was a stallion kept in a small paddock alongside the >highway with just an electric fence. > >The two people in the car were killed. the horse was killed. It was one of >the worst things I've ever seen, and I've seen a lot of bad stuff. I would >be very surprised if the insurance company who had to pay out the claims to >the dead people's family didn't sue the horse owner. > >chris > > If you don't know where you are going, any road will get you there. >Lewis Carroll > >Chris Paus > > > > >----- Original Message ---- >From: susan cooper <desertduty@xxxxxxxxx> >To: ridecamp@xxxxxxxxxxxxx >Sent: Tuesday, October 24, 2006 3:00:46 PM >Subject: Re: [RC] Horrible accident - why? > > > >Lysane Cree <lysanec@xxxxxxxx> wrote: > I would think that the law on this issue is probably the same everywhere >(at least in North America), but I don't know that for a fact :) Certainly >the law is that way here, the owner is liable for the actions of its >animals.<< > >Well, I was thinking about that. Here in Nevada, it is a "free range" >state, and if livestock is hit by a car, the driver of the car is >responsible. They are also supposed to re-emburse the livestock owner for >the cost of the livestock. And horses are considered livestock. > >Susan in NV > > > >Happy High Desert Trails > >Susan in NV >Nevermore Ranch http://users.oasisol.com/nevermore/ > >__________________________________________________ >Do You Yahoo!? >Tired of spam? Yahoo! Mail has the best spam protection around >http://mail.yahoo.com > >
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