Home Forums Hunting & Shooting Hunter's Campfire Horse kicked the ferrier...liability?

So my son hired a ferrier to fix his two horses. One of the horses apparently kicked the ferrier, who was slightly injured, and later determined there were no broken bones. Is my son liable for the doctor bills, or is it simply the inherent risk of being a ferrier?

One assumes anticipated risks when one plies his trade. In this case, being kicked by a horse is one of those anticipated risks, so no liability.

As a "contractor" he should be liable for his own insurance.

First, please define “fix”.

If’n that ferrier was trying to geld the horse, he deserved whatever he got.

The ferrier is liable to have learned an important lesson for someone whose entire job description is fugging with horses “feet”….😂. The ferrier is liable to start looking for a different line of work if getting kicked by a horse is an unforeseen event for him.

Nobody has liability for a tradesman that doesn’t know what he’s doing. The ferrier should be embarrassed and apologetic for his mistake, not trying to blame a horse for doing what horses do when someone fugs with their feet.

It’s the inherent risk of farrier work.

What was the issue with the horses?

my opinion it's inherent risk of the job...

When I grew up we were taught never to pass behind a horse without letting the horse know that you are there.

Same here. My dad had me taking private lessons starting at eight, and I went to horseback riding summer camp at age 10.

Hopefully he was licensed and insured.

Sounds like a worker's comp case to me.

Betting that there is no WC if the ferrier is SE.

In hindsight, my son should have made sure the ferrier was insured, as apparently she was not. There was really nothing to it, one of the horses she was shoeing got nervous and kicked at the other horse and hit the ferrier. She said she was OK, but packed up her stuff and left.

I told him it should be worker's compensation as well, FWIW.

Ouch.

Worker's compensation only applies to employees. Its clearly an assumed risk of the vocation to my thinking.

If I were the horse, I'd sue.

Texas has an equine liability law that limits liability. Look it up. Unlikely the ferrier can prevail in a liability claim.

Lots of folks have horses out here and it's common to have signs posted regarding liability roughly stating,

" Working with or riding horses comes with risk.
By being here on the farm you are accepting that risk
and accepting the liability of any injuries incurred."

Cover your butt before it's an issue!

We were on a neighbors farm Sunday and his wife got properly launched by an off track thoroughbred she was trying to sell to a customer.
The horse didn't sell... no major injuries other than pride..

Horses do crazy things and will get you hurt!

Anyone in Texas that has animals needs to post the following sign to insure they are not held liable:

UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.

We have 3 signs at our property. One posted at every entry to the pasture/barn. If you have not posted this sign, you are not guaranteed protection under the law.

For those in other states, check your state rules, you may have something similar.

If your son was not ‘negligent’ under the law in any fashion he should be ok. I can’t imagine the circumstance that could be considered negligent in this instance but you never know those lawyers.

Do the horses like Trump?

fArrier…. Geezus 🥴