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Disease Outbreak: When is a
Boarding Stable Liable?
Q:
At my boarding stable, several horses were
recently diagnosed with Strangles.
I am concerned that the barn manager is not
segregating these infected horses from the healthy
horses or even telling other boarders that the horses
have Strangles. The
only thing that has been done is to tell us none of our
horses can leave the premises – no one is controlling
access to the sick horses.
Meanwhile, I am afraid to use the riding arenas,
round pens and other common areas, because my horses
might be exposed to contagion.
Does the boarding stable have any liability if my
horses get sick? What
about a refund on board because I can’t use the
facilities?
A:
Strangles, or Streptococcus equi, outbreaks happen fairly routinely at boarding
stables. Because
the risk of contracting Strangles is so high, every
boarding facility should require incoming horses to show
proof of vaccination for Strangles (or a titer showing
that the horse has sufficient antibodies to warrant not
vaccinating), and require existing boarders to show
proof of ongoing vaccination.
Quarantining new arrivals is also a best practice
to prevent the spread of all contagious conditions.
Horse owners also have a duty to vaccinate their
horses against Strangles and other contagious diseases.
When
a boarding facility is on notice that Strangles may be
on the premises, it has a duty to follow its
veterinarian's advice regarding containing the
contagion. If
the stable fails to follow recommended procedures, such
as quarantines and disinfection, they may have liability
if additional horses become ill or die.
It is "may" only because you would have
to be able to show that the horse became infected AFTER
the condition was discovered on the property and that
the failure to follow protocols was a direct cause of
the new infection.
Damages would include vet bills and upon death,
the value of the horse.
As
far as quarantines and use of the facilities, reduced
use of the facilities because of a disease outbreak is
an ordinary risk of boarding at a stable, one that is
not legally actionable. In fact, reduced use of the facilities will help contain the
spread of infection and likely result in earlier
reopening of the facilities.
The stable has no practical choice other than to
limit use of the facilities.
If
you (or anyone else) were to break quarantine and move
your horse to another facility, and you didn't tell the
new facility that your horse had been exposed to
Strangles, you could be liable if and when other horses
at that facility became infected.
More
Information about Strangles:
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