Equine Law Blog

Boarding Stable Liability When Horses Die in a Barn Fire

The setting is tragic.  The boarding stable catches fire and horses perish.  Is the stable liable?

Merely because a boarding stable’s barn has caught fire, injuring or killing horses inside, does not necessarily mean that the stable is automatically liable for the consequences.

Stable’s Obligations

When a stable accepts a horse belonging to another for care and keeping, the law generally imposes a duty on the stable to use reasonable care.  After a horse is injured or killed at a stable, anyone who brings a claim against the stable would be required to prove that the stable was negligent because it fell short of this standard and should be liable (legally accountable) for the resulting damages.  Here are some examples of negligence claims against stables based on fires:

• The stable put accelerants, such as gasoline containers, in the barn under unsafe storage conditions.
• The stable had faulty wiring that was known to violate applicable codes and regulations.
• The stable had a known history of fires caused by similar circumstances, but its management failed to take proper corrective action.

Proving negligence requires evidence.  After a fire, the police or fire marshal will usually investigate and prepare a report.  In some instances, horse owners or insurers can promptly retain their own cause and origin experts to investigate, evaluate the cause, and render opinions.

Stable's Defenses

Stables that have been targeted with claims or suits from horse owners due to a barn fire can raise several possible defenses, depending on the facts.  Here are a few:

• The horse owner signed a properly written and legally valid release of liability that prevents the claim.
• The stable took appropriate action and did nothing that was negligent.
• Someone else, over whom the stable had no control and for whom it should not be held legally accountable, was at fault.  For example, maybe a defective barn fan caused the problem.  This might instead give rise to a products liability claim.  Or, maybe the hay supplier improperly loaded damp hay into the barn or stacked the hay improperly, without the stable's knowledge.

If you have any questions regarding liability in a barn fire, please send me an email using the form below.

Categories: Boarding, Liability