Submitted by Old Onions Bag
An example of the damage and injury an accident caused by a horse

Horses should not be allowed to roam freely on the streets of Barbados. This weekend’s death of a 37 year old St. George man should never have happened as it is alleged the animal was unattended and slammed into his vehicle instantly killing him as well as itself.

This is by no means the first accident on our road with such animals. There are numerous reports of damage to vehicles by the equine. In many cases, as the animals are often untethered, the owners of the vehicle have no recourse to recoup damages. Many  times, I personally can recall near misses with the animal. The beach is also a favourite stomping ground for ex-race horses.

Could you imagine the irreparable damage done to tourism should a visitor be killed by an unattended horse?

Why are we seeing an increase in horses on our roads either running freely or ridden by young boys anyway?

For one, I am made to understand, some of these animals once they have served their useful purpose as racehorses, are cheaper to expend as gifts to grooms and help hand of the turf-ites than to continue feeding or putting down.

Should we allow wealthy turf-ites to avoid their responsibility by this disingenuous and selfish ploy to both the unsuspecting public as well as the animal?

Time has long passed for our laws to be changed to stop this malfeasance. Yet today on our law books, there is no law prohibiting a horse from being ridden on our roadways, would you believe? It is quite common to see an inexperienced youth on a 700 pound animal with no saddle, boot nor helmet, a piece of twig in hand as a whip, galloping uncontrollably as on a free range. What are we waiting on now? The death of someone in high places before laws are passed to put an end to this travesty? Heavens forbid…it may be a MP or one of his kin.Then and only, some may one see it fit to pay attention to this pending danger.

  1. millertheanunnaki Avatar
    millertheanunnaki

    @ old onion bags | July 10, 2012 at 4:02 PM |

    Putting aside the ‘Legalese’ I would wish to side with Onions concerning the dastardly and unconscionable treatment meted out to these poor animals. Is this a reflection of our society? I am not surprised at the way our senior citizens are treated just like the rejects of the Equine Sporting World. You are no longer of economic value so skedaddle out of here! MADD song is a grim reminder of our sorry moral state despite all the free education and material achievements of the last 40 years.
    As Onions pointed out no poor man can own a race horse in it prime. Horses are no longer bred as a means of transport or as workhorses. There are only off loaded on stupid black people who are financially or emotionally incapable of looking after such a naturally beautiful animal.

    Maybe the owners of these ‘has-been’ race horses could be a bit more “humanely imaginative” and create an exotic niche market for horse meat à la Francȃis. But this type of creative thinking is far beyond the social remnants of a totally inbred lot of materialistic jackasses.


  2. Old Onions now has the nerve to accuse people of departing from the essence of this discussion after he himself has put forward the following:

    1. old onion bags | July 10, 2012 at 9:59 AM. Horses getting out of control video.
    2. old onion bags | July 10, 2012 at 9:43 AM. Horses ruining an Amish festival video.
    3. old onion bags | July 10, 2012 at 9:50 AM. A diatribe on the subject of damage done by horses.

    Now the facts of the accident are reported on and Old Onions has to consider that maybe it is some drivers who ought not to be allowed behind the wheel of a car far less on the road, instead of banning horses from the roads. So he suddenly decides that the true emphasis of the subject is the prevention of cruelty to horses – and that is the ONLY thing that he has said that makes sense and with which I can agree. But it amuses me that Onions, having repeatedly maligned horses by trying to represent them as savage beasts, suddenly tries to accuse those who disagree of maligning the horses that he himself has maligned.

    Old Onions has to be a politician. Only a politician could come up with so many transparent U turns.


  3. And Miller is following Onions in the U turn. And I can agree with Miller now, except in one small respect. My turf-ite friend told me that there is an alarming amount of theft of horses going on, so the suggestion that these horses are somehow being unfairly off-loaded on to poor unsuspecting people I cannot agree with. Seems that many of them illegally take possession (read “steal”) these horses. So maybe cheval a la mode is already on quite a few Bajan menus these days. But man, the U turns.


  4. @Amused, Onions, Miller et al

    Let us agree that the number of accidents in recent times, one of which resulted in a death, merits discussion and examination.


  5. Come on Amused
    ….stolen?!
    That sounds LAME!
    An owner has his horse stolen and what?!? The culprit hides the horse in his bedroom until things cool down…?
    LOLOLOLOL
    This is Barbados, where maliciousness was created….

    Come again Amused,… or Bushie will be forced to do the unthinkable…..
    ….side with Onions 🙂


  6. @ Onions ”May I remind some of the true object of this thread…that is laudable reasons why the horse…not cow, sheep or dog should be banned from the roads and highways. Not the direction our learned friends seek to place onus ….the reason for this accident involving the equine.”
    ———————

    But Onions, that is the whole point. You began your article and the main pillar of the case was to put blame on the horse (or owner thereof) for the accident. References to the speed of the car are certianly relevant. You know how many people I pass on a dark night wearing dark clothes and wheeling a bicycle or walking? Could have been one of them instead,

    And the point that ‘horses can cause accidents’ is relevant certainly to the point of being a danger, but my point is that none of the other VERY reckless dangers like drunk drivers and just plain uncouth and reckless driving are not being addressed either. Today alone I had to veer towards the sidewalk twice because cars came on my side of the road, one a wide truck, the driver not slowing down and certainly not diriving with due care and attention.

    Those idiots are just as dangerous as a horse per se and moreso because the laws of probabiliity will dictate that it is more likely one of those morons will kill someone, well before a horse does, or at least for every horse accident , there will be one hundred caused by reckless driving.

    The point being ‘balance’.


  7. The writer never sought in his article to address who is right or wrong in a particular insular traffic mishap

    ******

    Wow Onions referring to himself in the third person, must be Royalty; we are not amused.

    Rather than banning horses why couldn’t you focus the debate about the many animals behind the wheels that are likely to be inebriated to the gills with the local fermented product?. There doesn’t seem to be any redress if one is harmed by these folks who can “hold their liquor”, as this first world country has been unable to implement laws with respect to breathalyzer testing.

    Maybe the answer is to ban cars instead


  8. so what are we saying here is to ignore the dangers that these wild horses present to motorist. when we get down to the issue forgetting everyones emotional and bias point of view the real task at hand should be getting individuals to owning up to their share of responsibilty a horse free to roam willy nilly in the dead of night can cause a prsent danger to a motorist one does not need a law to tell us that however a law is needed in these cases because of the lack of owners responsibilty for some reason we in society always find it hard to do the right thing and when we don’t the reqired laws on the books are there to keep us on the straight and narrow unlike the horse we can remove the blinders from our eyes. in this case the horse too became a victim because of a lack of cocern from those whose care the animal was under and all this could have been prevented only if an owner cared .


  9. @Miller

    Maybe the owners of these ‘has-been’ race horses could be a bit more “humanely imaginative” and create an exotic niche market for horse meat à la Francȃis.
    *********

    Any consumption of horse meat (never mind what happened to Queens Palace) in these parts will be looked upon very unfavourably by groups e.g. PETA.

    They can initiate boycotts which will be harmful to small countries, unlike other larger jurisdictions which can thumb their noses at the.

    Barbados used to export Green Monkeys for scientific purposes to Canada and Air Canada was forced to stop transporting them when the Animal Rights groups started to pressure the Airline so if you want to consume Black Beauty visit France or Québec.


  10. David

    Off topic

    This story out of Trinidad has gone viral in the Environmental world after a botched operation by the T & T Gov’t resulted in the loss of 20,000 Leatherback Turtle eggs (according to the accompanying report). I listened to an interview by a Mr. Singh CEO of the Environmental Unit in T & T and he was doing damage control as he said the numbers have been greatly exaggerated.

    http://news.nationalpost.com/2012/07/10/thousands-of-leatherback-turtle-eggs-hatchlings-crushed-by-work-crews-on-trinidad-beach/

  11. old onion bags Avatar
    old onion bags

    @ Amused
    Old Onions has to be a politician. Only a politician could come up with so many transparent U turns.
    ************************************
    Since you like others of recent….are so convinced Onions is a politician..humor me more…the next question is who …lol?

    @Bushie
    Never thought I would live to see the day…(agreement).

    @ac……Unlike with Emera…..we are gradually seeing the light.

    @ Crusoe
    You need more time in solitude.


  12. @ac ”real task at hand should be getting individuals to owning up to their share of responsibilty”

    Everyone to be responsible, not just horse owners or ex, but drivers etc etc, one must look at the whole issue, not just one part. Why worry about a few horses when ZR and trucks threaten lives every day? That is my point on being balanced.

    People get emotional and rant but dont think about the whole issue. And the whole issue is road safety, at least in the context of the original post.


  13. Here is a link to top 25 causes of road accidnts in San Diego. Note that animal crossing is 19.

    The rest are irresponsible drivers, when you look at the categories.

    seriousaccidents.com/legal-advice/top-causes-of-car-accidents


  14. @Onions ”@ Crusoe You need more time in solitude.’

    Just accept that people have different views, and some of us are right.

    😉

  15. old onion bags Avatar

    @ Crusoe
    …the solution lies with The Barbados Turf Club….It’s that simple.We all know it. But some rather pass on their problems.(liabilities)


  16. This is pretty gruesome but here is what can happen to a horse when hit by a car travelling at speed.

    http://www.youtube.com/watch?v=lrCHLqit2K8&feature=fvwrel

    At first I could not believe it.

    Then I checked the weight of a horse and found it can be less than half the weight of a car depending on the breed and the nutrition.

    From wikipedia I got for a horse:

    “The size of horses varies by breed, but also is influenced by nutrition. Light riding horses usually range in height from 14 to 16 hands (56 to 64 inches, 142 to 163 cm) and can weigh from 380 to 550 kilograms (840 to 1,200 lb).[24] Larger riding horses usually start at about 15.2 hands (62 inches, 157 cm) and often are as tall as 17 hands (68 inches, 173 cm), weighing from 500 to 600 kilograms (1,100 to 1,300 lb).[25] Heavy or draft horses are usually at least 16 hands (64 inches, 163 cm) high and can be as tall as 18 hands (72 inches, 183 cm) high. They can weigh from about 700 to 1,000 kilograms (1,500 to 2,200 lb).[26]”

    From Google I got for a 2012 Toyota Corolla:

    http://cars.findthebest.com/q/1252/3256/What-is-the-weight-of-a-2012-Toyota-Corolla-S


  17. @Onions,

    So the Turf Club will police roads?

    The point is, that you are looking at one small aspect of road safety, rather than the whole issue. I look at solutions for the whole issue, recognising that solving one small aspect will not create a universal solution.

    So, you go to get your car fixed, it needs new tires. You change the tires but ignore a draining battery. Will that make sense?

    Solutions for an issue should solve the whole issue. Piecemeal solutions are patches that will not work to deal wth an issue, which is one of the reasons for inefficiency and or ineffectiveness.

    And I repeat, there is significantly greater probability that a person will be hit by a reckless driver than a horse,

    Deal with the whole issue, not a small aspect of it.

    That is really the point.

  18. old onion bags Avatar
    old onion bags

    @ John
    From wikipedia I got for a horse:
    ……………………………………………………………….
    From Google I got for a 2012 Toyota Corolla:
    *************************************************************************
    By your posting above…….could you by chance be also disputing our learned friend Amused point ……that a horse is not a “vehicle”, and should not be under any circumstance be construed as such.As to how he assumed such a stance boggles beyond all logic. Why by his argument ..it seems as long as you can provide transport for man(using the roadways)…..oneit automatically becomes a “vehicle”. Common sense dictates otherwise.

  19. old onion bags Avatar
    old onion bags

    @ Crusoe
    Solutions for an issue should solve the whole issue. Piecemeal solutions are patches that will not work to deal wth an issue, which is one of the reasons for inefficiency and or ineffectiveness.
    *****************************************************
    Definitely merit in this submission.But my so called piece meal approach directs attention to the source of our immediate problem, road accidents caused by horses,and of neglect of man’s once most faithful servant the HORSE.
    In addition, not to detract from your valid point….sometimes clarity may be better served by this approach….directly knocking on the door of the culprit ( original owners) for an answer.Notwithstanding the essay was not titled “Dangers and Dangerous users of the Roadways”. More precisely “Horses should be banned from our Roadways.”

    I think you get my point.


  20. Whether drivers and other parties are to blame as Crusoe and others are suggesting,it stands to reason that the wonton way old race horses are being ‘gifted’ to all and sundry is contributing to the problem. One does not have to do any serious analysis to arrive at such a conclusion.


  21. @ Onions, fair enough.


  22. old onion bags | July 11, 2012 at 5:19 AM |
    @ John
    From wikipedia I got for a horse:
    ……………………………………………………………….
    From Google I got for a 2012 Toyota Corolla:
    *************************************************************************
    By your posting above…….could you by chance be also disputing our learned friend Amused point ……that a horse is not a “vehicle”, and should not be under any circumstance be construed as such.
    ++++++++++++++++++++++++++

    I am just showing the weight advantage a car can have over a horse ….. I could do the same analysis for a bicycle too with a different result.

    There is only one likely outcome for the horse in a collision with a car and that is death for the horse.

    In countries where Deer and Wild Boar also use the roads as crossings, accidents do happen …. and people die.

    There are usually signs to alert drivers to the danger.

    There is however a difference between Deer and Wild Boar … and a horse.

    No human can be responsible for the whereabouts of wild anmals.

    All the authorities can do is signpost and warn of likely danger.

  23. old onion bags Avatar
    old onion bags

    Thanking you for clarifying your previous submission John.


  24. I have only just seen this…but for what it’s worth my vote is with Amused, Crusoe, Victor et al. It has all been said….except that to Miller…

    What is the causal connection between not having a dog licence and a dog doing something on the road it shouldn’t? Ditto for horses. All the licence does is to make the owner traceable (maybe) and so responsible IF he is – apart from the offence of not having the licence.

    I am not a turf-ite but if the owners of retired race horses pass them on to responsible people – so far as can be judged – isn’t that far better than killing them? Is there evidence that they are not doing this? I haven’t read any I think.

    Drivers will stop suddenly to allow a bimbo to cross the road but, in my experience, they have little regard for animals on the road.

    The problem is that most Bim car drivers think they are advanced motorists and that nothing will ever happen to them…….and many do not think at all once behind the wheel. And 75mph at night? OR at any time on our roads?

  25. old onion bags Avatar
    old onion bags

    @ ross
    I have only just seen this…but for what it’s worth my vote is with Amused, Crusoe, Victor et al. It has all been said….except that to Miller…
    ****************************
    Why are we not surprised……..lol

  26. millertheanunnaki Avatar
    millertheanunnaki

    @ robert ross | July 11, 2012 at 8:26 AM |
    “What is the causal connection between not having a dog licence and a dog doing something on the road it shouldn’t? Ditto for horses. All the licence does is to make the owner traceable (maybe) and so responsible IF he is – apart from the offence of not having the licence.”

    Let’s put aside the careless and arrogant drivers aka road hogs and deal with those defensive drivers and other road users, including children. Since you cannot sue a dog or horse who should be held negligent for damages to an innocent driver, pedestrian or child caused by the wandering horse which becomes spooked or disorientated? As you might know horses can become rather nervous and agitated in unfamiliar surroundings where noise and unaccustomed activities are taking place.

    Who would be responsible for pain, suffering and medical costs resulting from a bite to a child or pedestrian by a wandering Rottweiler or Japanese Akita?
    Hence the need to control and regulate the movement of these animals that are deliberately raised in domestic settings by humans who can afford ownership.
    The same way doctors and (if ever possible) lawyers are expected to register to protect or offer some form of redress to the public against malpractice and fraud from the quacks and fraudsters in the professions the owners of animals that go ‘off track’ and cause damage or injury to innocent bystanders should be held liable for everything that ensues. The police can’t charge the animal or the injured party can’t sue the animal to recover damages.
    Maybe your expertise in the law of Tort might come to a different position.
    There might also have been cases in English law where animals were charged and put down for their “crimes”.

  27. old onion bags Avatar
    old onion bags

    @ Miller
    Forget it……this legal lot..as with their corrupt judicial system are trying a twist or two one we the unsuspecting public…..But where I went to school U of Waterford …I manage to assimilate lil common sense….so they in a box by themselves…..We would never see eye to eye or they help us against a fellow member…..put it down to inbreeding of minds.


  28. miller

    The same way doctors and (if ever possible) lawyers are expected to register to protect or offer some form of redress to the public against malpractice and fraud from the quacks and fraudsters in the professions the owners of animals that go ‘off track’ and cause damage or injury to innocent bystanders should be held liable for everything that ensues.
    +++++++++++++++++++++++++++++++++++

    The registration of professionals is not to protect the public against malpractice and fraud or to offer some form of redress.

    Malpractice or fraud can occur whether they are registered or not.

    My bet is that any professional accused of malpractice or fraud in Barbados will be registered.

    Among other things, registration allows a professional to put up his/her shingle and sell services associated with his/her profession to the public without opening themselves to a charge of breaching of the law regulating his/her profession.

    It also allows the public to differentiate between the real thing and the not so real thing ….. if and only if the public chooses to check.

  29. millertheanunnaki Avatar
    millertheanunnaki

    @ John | July 11, 2012 at 12:50 PM |

    I agree that registration does not per se protect the public from malpractice by professionals. However, as you rightly pointed out, it reduces the risks from the bogus and the ‘cowboys’. Without registration and to some extent regulation there will be a free for all; and to bring law suits against the incompetents and crooks would be exceedingly difficult in an ‘unregulated’ environment.


  30. …… however, cows, horses, sheep and goats very often have a brand of some sort, an identifying mark.

    If such was the case and the police have it then behind the scenes detective work will lead to the owner.


  31. If the horse was a former race horse a vet probably attended it.

    Photos shown to the few vets that exist in Barbados may allow identification.


  32. If you want registration for all tame animals, simple. Microchip them. I have no problem with that. I think it is an excellent idea. Microchipping is standard in Barbados now. Make it mandatory. Then next time, if there ever is a next time, you will be able to identify horse (or cow or sheep or dog) AND owner – and you still will not be able to do ANYTHING. Meanwhile, it will certainly help to prevent theft of domestic animals, because prosecutions will be much simpler

    But in a case like this, the person identified as owning the deceased animal might turn round and sue you, or your insurance company. There is a case in Nebraska where a horse escaped on to the highway and was killed by a motorist travelling at well in excess of the speed limit and without due care and attention – there was no detail on whether he had been drinking or not, so one has to assume NOT. The motorist sued the horse owner and lost – and the horse owner counter-sued the motorist AND WON!!!!!

    The moral of the story is, “Be very careful what you unearth – you may wish you hadn’t.”

  33. old onion bags Avatar
    old onion bags

    @ Amused
    Then next time, if there ever is a next time, you will be able to identify horse (or cow or sheep or dog) AND owner – and you still will not be able to do ANYTHING.
    *************************
    By your very own brief…….Is good reason why these old outdated laws need to be changed.Are you saying that should a ole mare jumps the broken fence, and kicks out the light of my $275,000 Mercedes Benz….although I know it belongs to farmer John Brown ..because of a stupid animalante whatever…I will not be compensated for the farmers negligence ?


  34. Onions

    Aren’t you tired of beating this dead horse? The issue of horses on the road (living or dead) is infinitesimal compared to the other issues that Bajans face on the road daily.

    Now get back to canvassing.


  35. LOLLL Sarge you mekking me laff ……Onions please carry out the Sargeant’s orders!


  36. Where to start with this argument. First my condolences to the family of the deceased and his passenger who was injured in this unfortunate accident.

    As a horse owner and rider of quite a few mango seasons there are several issues here.

    The first is the disposal of retired race horses. There is no doubt that some owners are irresponsible in giving horses to people who have neither the facilities nor the financial wherewithal to care for these animals properly. These are usually people who have no real love of horses and may be in racing for the prestige or as a consequence of the disillusioned view that there is money to be made. And Onions is right it is cheaper to give a horse away to the first taker, than euthanise it or try to find a proper home for it.

    As the authority that controls racing I am not certain how, other than by moral suasion and education the Turf Club can regulate how a private citizen disposes of his private property? Yes they can implement the implantation of readable chips to track horses, although this is done for purposes of identification to eliminate fraud in very large racing jurisdictions and not to track ownership outside of racing or breeding. But this will not prevent the practice it will only identify who the owner was at the time the horse was in racing. Besides which the chips are removable my surgical means. How will you hold a man responsible for an animal he no longer owns?

    Someone asked my opinion about what could be done in the aftermath of the horrible accident on Egerton Road and my suggestion was for a national public relations programme against this practice of the indiscriminate disposal of racehorses . Lets be honest here, we Barbadians in general are not known for our compassion to animals. Every day I see all kinds of animals being “kept” in deplorable conditions. Thoroughbreds do not fare well tied out on a 20 foot rope in the hot sun day in and day out even with fresh water and adequate supplies of grain and grass. Many of these animals suffer terribly and end up either dying or being euthanized by the RSPCA.

    I too have heard stories of horses being stolen and in fact saw a posting on a Facebook site that deals primarily with missing dogs about a stolen horse. So there is some validity in this.

    Next to horses on the highway. I have ridden on the highways for years. As a youngster I used to ride from Brighton to District A at least once a year to participate in shows at the Mounted Branch’s arena. Also used to ride to Holders, next to the polo field to compete in shows there and to Queen’s Park to the Exhibition. More recently I cross the highway to get from one cart road to another. Over this period of time the attitude of drivers to horses being ridden on the road has changed remarkably. Its as if drivers do not understand the possible danger of passing within two or three feet of a living creature at 60 or 80 k.p.h.

    I was told by a senior police officer in charge of the Mounted Branch some years ago that horses while being led, driven or ridden, have the ‘right of way’ on the road. And no this is not some arcane English hand me down law. It is plain common sense. A horse like any animal or small child is a living breathing thing that cannot appreciate the danger of motorized transport. My advice is to do what I do any time I encounter young children or animals on the road; reduce your speed and give them as wide a berth as possible to allow for any impulsive behavior on their part. Plain common sense and consideration for other users of the road.

    The question of liability for an animal that has strayed onto the highway is a matter for the lawyers, but as a layman I imagine there might have to be some proof of negligence on the part of the owner in order to make any claim for compensation.

    For people who ride horses on the road they have a responsibility like any other user of the road to do so with due care and attention.

    Bottom line is that the problem of stray horses and reckless riding on our highways can be reduced if the people who own these wonderful animals are knowledgeable about their care and are responsible in their use of the road. If they don’t fit that bill they should not be given horses. Seems like a bigger social problem that will not be solved by banning.


  37. Amused

    You seem to be bringing in open range laws which exist in a dwindling number of US states, leftover from days gone by.

    http://www.hcn.org/issues/269/14595

    The US is too litigious a place to let animal owners off the hook.

    I have been told in one state a dog bite is on average $50,000.00 US.

    There are some people who will not own a dog because of the cost of the liability attached.

    Found this short summary for Missouri, once an open range state but now a closed range state since 1969.

    http://aglaw.missouri.edu/liabilityforlivestock.htm

    The Law evolves to fit common sense.


  38. Agree that there needs to be at least a PR campaign to make general public aware of the issues associate with stray animals, horses in particular which because of size are likely to cause serious injury, death even.

  39. old onion bags Avatar
    old onion bags

    @ Amused
    Then next time, if there ever is a next time, you will be able to identify horse (or cow or sheep or dog) AND owner – and you still will not be able to do ANYTHING.
    *************************
    This what I fail to understand about you lawyers….why Sen Verla Depieza just now on Morning Barbados….said that one can get damages from the owner for damages by the animal….. once found……which one is it Lord Denning ?


  40. @Old Onions. Then, once the horse is identified, I shall look forward to Sen Verla Depieza presenting her case in court. I haven’t had a really good laugh for a long time, so I am looking forward to it. Let me see her opening statement (or rather what it should be) will be interesting:

    “My Lord/Lady, the driver was quietly proceeding along Egerton Road, Saint George, a very narrow road constantly in need ot repairs and with several pot holes, that runs between Stepney and St David’s, at approximately half past midnight. He was not excessively speeding, but proceeding as is his right as a taxpayer and car owner, at a mere 75+ miles per hour. When he and his car were attacked by a rabid horse [Barbados being a rabes free zone] which, although stationary and blinded by the car lights, flung itself on his car, so startling him that he drove his car another 400 yards into a ploughed cane field, before it came to a stop. As a result of the horse’s attack on my client, both he and the horse expired, which is the horses fault for getting in the way of a car driven at a mere +75 mph, for how, travelling at such a low speed, could the driver be expected to notice something as small as a horse.”

  41. old onion bags Avatar
    old onion bags

    By your own admission…smarty….you said in an earlier blog that no one knew if the horse hit the car …or..the car hit the horse….so rephrase your harass…..you are trying to be a slippery eel…Amused..


  42. I would imagine the owner of the horse would want to have it identified as his/hers.

    How else will he/she be able to claim recompense from the estate of the deceased if he/she can’t prove the horse is his/hers?

  43. old onion bags Avatar

    John…..if you were the deceased’s family….do you believe they should have the right, if it were proved, the horse jumped the farmers fence..to be compensation…? Now if these horses bored a micro chip implant to ID the original owner of the horse….they could then sue and sue even back to pay days and the whole disclaiming greedy lot…..they are no better than criminals pouring toxic substances in to the ocean.

    How could they say they love horses.

    I never hear horse owner bout here loss ..a money producing race horse…but when it losing….boy she get tief !


  44. Onions,

    you can scream and gyrate, but you have now gone back, from the general issue of ‘responsible ownership of animals’, to the specific ase again.

    Amused is right on the specific case, IF the car was travelling at 75mph, it is unlikely that any recompense is or should be due.

    Only a moron would drive a car at that speed, unless you are trying to get someone to the hospital or get to the scene of a crime to protect someone.

    As Amused said, supposed Aunt Maisie was walking bak acroos the road from nephew John’s after delivering the pudding and souse for the Sunday lunch, that she was up cooking, before going to sleep?

    It would be Aunt Maisie in the car instead of the horse,IF the car was travelling at that speed.
    Now again, what issue is being discussed here:

    – the issue of the specific indident? OR
    – the responsible care and treatment of animals (which may be related to but does not fulfill the interpretation of the reason for the incident above mentioned) ? OR
    – the general issue of safety on the roads?

    You have indicated above that it is not the third, so one of the first two, which is it?

    Rules and regulations governing the second can be discussed and hashed out.

    The only way to derive a solution on the second is, as Amused says, on the merits of the case, including car speed etc.

    That is the non-emtional reality.


  45. @Onions ”@ Amused
    Then next time, if there ever is a next time, you will be able to identify horse (or cow or sheep or dog) AND owner – and you still will not be able to do ANYTHING.
    *************************
    This what I fail to understand about you lawyers….why Sen Verla Depieza just now on Morning Barbados….said that one can get damages from the owner for damages by the animal….. once found……which one is it Lord Denning ?”

    —————-

    Onions, I would imagine that the individual mentioned on the radio was speaking generally, not specifically. One can only decide liability and hence damages on the merits of the case. I would HOPE that was her indicated opinion, if not….hmmmmm….well…

    One does not have to be Lod Denning to understand that one, it is fairly clear that the solution re recompense is not clear, because to derive a solution, case specifics must be known.

    One has to wonder sometimes.


  46. @Ms. Hughes et al ”Plain common sense and consideration for other users of the road”

    Now THAT is a problem, every day I am avoiding some idiot who believes that the road is theirs and theirs alone. Horses are the least of my road worries.

  47. old onion bags Avatar
    old onion bags

    @ Crusoe
    READ MY LIPS…..
    Why is it that you both (Amused) have come up with this 75 MPH convenient theory ? Why I have not heard of any official police report ? what if the driver was traveling at a good and proper 35 MPH (with a living witness) and the horse jumped the farmer’s broken fence ? ( i said this before) Have you not heard of vicarious liability…? Why the TURF….really got their ends in here real fast. Wonder why ?


  48. If the car were travelling at 75mph then more reason for the owner of the horse to sue!!

    It would be a shoo in.

    But the horse owner isn’t coming forward.

    It is looking as though the horse owner will have to be tracked down if his/her identity is to be known.

    What does that tell you about the various interpretations of the law put forward here?


  49. My condolences to family, relatives and friends of the deceased motorist.

    I am sorry about your lost to the horse owner/caretaker.

    Horses, like dogs and cats and other domestic animals create danger to motorists whether they are astray or accompanied.

    On my way home most evenings I stop for goats and sheep to cross the street to go to their home. They do not stampede me and I do not accelerate when I see them. And sometimes they are children (5-10 years) accompanying them – other times I do not see child nor adult.

    It was an unfortunate accident – one we wish did not happen – and I honestly cannot see a law that can prevent such an accident. Animals will go astray. Motorists will be confident that on this stretch of road we will not find a horse or cow.

    We will continue to be careful and cautious and … Pray. Pray. Pray.

    We have to stop seeking law to use commonsense and intuition.

    A human being died in this accident. The horse owner should seek to find out the motorist’s family and stand by their side during their bereavement.

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