Does a
Farrier Have Liability?
Q: I’m a
professional farrier. What do I need to worry about
with respect to liability?
A:
Though legal cases brought against farriers are relatively rare, I
believe that they will become more prevalent in the near
future. In the last ten years, lameness diagnostics
have greatly improved, making it easier for
veterinarians to conclusively identify the sources and
causes of lameness. At the same time, horse owners
have become much more aware of and knowledgeable
about proper hoof care. This confluence of awareness,
technology and information may very well lead more horse
owners to point the finger at their farriers when their
horses go lame.
In
general, in order to have liability, a farrier would
have to be proven negligent or to have engaged in
willful misconduct. There are some generally accepted
risks of having your horse receive farrier care, such as
hooves that are a bit tender after a trim. However, the
more extreme the consequences, the more likely it is
that liability will follow. For example, a farrier who
trimmed a horse so short that it developed laminitis
would be likely to incur liability as a result of his or
her negligence. Similarly,
a
farrier who disciplines a misbehaving horse so severely
that the horse injures itself may very well be liable
for the cost of the horse's veterinary care. Less
extreme scenarios might also lead to liability, such as
changing the hoof angle too much in a single shoeing
or using pads improperly.
What
damages might be at stake in such situations? Although
some farriers charge substantial sums for their work,
most farriers make a relatively modest income, and
the typical shoeing cost is often less than $100.
However, the consequences of poor farrier work can
be significant. Horse owners may have to spend thousands
in corrective shoeing and vet care to repair the damage
done by a single shoeing, and in the very worst cases,
permanent and painful lameness may dictate that the
horse be euthanized. Therefore, farriers would be well
advised to seek liability insurance for their business
to defend them against possible claims.
