Equine Law Blog

Farrier Malpractice

Generally speaking, the law imposes a duty on professionals, such as farriers, to use reasonable skill, diligence and attention as may ordinarily be expected of a careful and skillful person in the same profession.  If you believe a farrier has fallen short of this standard, you might have grounds to bring legal action against him or her for professional negligence or malpractice.

Proving Your Case

To win a case against a farrier, you must prove all of the following:

• The farrier had a legally recognized duty to handle a professional matter in a certain way.
• The farrier somehow departed from, or “breached,” that duty.  This can be expensive as it usually would require expert witness testimony.  In this case, that would likely mean you will need to find another farrier to explain, and testify in court, exactly what the farrier did wrong.  You might also need a qualified veterinarian to explain how the problem has affected your horse’s health now and in the future.
• You must prove “proximate cause.”  This essentially means that you must prove the farrier’s wrongful conduct, and not some other reason, caused the horse’s demise or devaluation.
• You must prove with reasonable certainty a sum of money or value that you have lost as a result of the malpractice (that sum is called “damages”). In animal-related cases, proving damages can be difficult and even expensive.  You might need an appraiser or industry expert to help prove your losses.

Responding to Lawsuits

If you are the farrier who has been targeted with a claim or suit, consider the following:

• Notify your liability insurer.  Liability insurance policies exist to protect farriers against claims of negligence.  If you are so insured, promptly forward the suit or demand to your insurance company and cooperate with the company.
• Consult with a lawyer.  Farriers who are not insured would be wise to contact a knowledgeable lawyer quickly after the demand or suit comes in.  Never assume that the matter will go away.
• Witnesses.  Was anyone present when you attended to the horse at issue?  Who knows the condition of the horse, before and after you shoed him?  Think of who might serve as witnesses in your defense.

If you have any questions about farrier malpractice, please let me know.

Categories: Liability