
22-12-2008, 12:42 PM
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Pet Forums Junior Member
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Join Date: Jun 2008
Posts: 82
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Re: Where to go from here?
Sounds possibly like navicular to me, but I'm not a vet. Anyway the first thing you must do is stop riding the horse. The horses' welfare comes before your money, sorry to be harsh but it's true. The horse is lame and you don't know why. You are assuming it's arthritis but you don't know and by continuing to ride the horse you could be causing more damage, and will certainly be causing pain. By not getting the horse veterinary treatment now, you may even be guilty of animal cruelty or neglect. Apart from anything a diagnosis might help you decide where to go next.
Is there the possibility that the horse injured itself whilst in your posession, either on the journey home or in the field/stable or whilst ridden?
Although you may have been stitched up by the seller, if the horse is right for you in every other way and the lameness can be cured that may be your best option. If the lameness is serious and there's no or little chance of recovery putting the horse to sleep may be the best option to prevent you from continuing to pay out running costs for an animal that's of no use to you. You may be able to claim all veterinary treatment/disposal costs back from the seller, since these are costs you would not have had if you hadn't been sold the lame horse in the first place. Same goes for if you wish to keep the horse but claim for a partial refund, based on the fact that if you had known about the condition on purchase it would have affected the price you were willing to pay.
It does sound as though the horse may have been drugged at time of purchase. I'm suspicious of the vet who did the vetting, with the comment about letting the horse settle in. A new home, change of owner and routein may result in a change in behaviour, so yes, give the horse a week or two to settle before riding it. But a new home/owner/routein would not bring on lameness, unless the old owner was doing something management-wise or giving the horse something either drugs or herbs etc that you are now not doing, so giving the horse time to settle is pointless and will not cure the lameness. Just out of interest did you use the sellers vet? If so, big mistake. Always use your own or an independant vet for a vetting. If you think the vet is colluding with the seller, or if you think the vet was negligent and should have noticed something on the day of the vetting (the vet can only judge by what they find on the day and not all conditions will be aparent especially if a horse has been drugged) then you may have a case against the vet, because you would not have bought the horse if it hadn't passed the vetting. This would be very hard to prove because you would have to find another vet prepared to say in court that the first vet was wrong.
If the old owner was doing something different to you that could be your answer. So firstly contact them, explain that the horse went lame just after purchase and ask as to the horses previous management regime, daily routein and feed including brand names of feed and any supplements or drugs that went in the feed. Things such as a horse being stabled and now living out or vice versa, the wearing of magnetic leg wraps or stable bandages at night, boots or bandages when ridded, amount and type of ridden work and at what paces, type and amount of feed, living in or out, all this can affect arthritis and perhaps it was being managed before but now it isn't. However, if this is the case, it doesn't change the fact that the old owner knew the horse had a problem and didn't tell you.
Is the old owner a dealer or private seller? If a dealer the sale of goods act applies, the product purchased must be fit for purpose. If you told the dealer you wanted a horse for riding then to sell you a permanently lame horse is wrong, the fact it is lame makes it unsuitable for riding. (although arthritis is dodgy ground there because horses with this condition can sometimes do some work.) If seller is a private seller then the sale of goods act doesn't apply, but you may still have a case against them. Before agreeing to the purchase did you: Ask if the horse is on any medication/feed supplements? Ask if the horse has any history of lameness for whatever reason? Ask if any management system or routein was for a particular health reason, rather than for the owners convenience? Did you have anyone with you who heard you ask these things and could act as witness if it went to court?
If the blood tests prove the horse was drugged at time of purchase you definitely have a case against the seller, whether private or dealer, but you will have to obviously have the blood tests done first. For the sort of amount you're looking at, it would be the small claims court. As you have already said if the seller is private seller they may have no money and you can't get what they haven't got. Also be aware that winning the court case is no guarantee of payment. Even if the seller won the lottery last week, without an attachment of earnings, or some other type of court order, they will not actually be forced to pay. That is a separate thing to actually winning, although you may be able to deal with it at the same time. Be aware that the seller can apply to have the court case heard in their local court and there is nothing you can do about that so be prepared for travel expenses. I have heard that with the small claims court you cannot claim costs back, whether you win or lose, but I'm not sure if this is true.
You are in a horrible position and I wish you every luck in sorting this out. x
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