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Suing a 16 Year Old

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View Mapletree's Profile Mapletree Flag Croydon 19 Jul 15 12.47pm Send a Private Message to Mapletree Add Mapletree as a friend

I know this site has some pukka lawyers as well as thousands of barrack room ones.

May I have some advice please.

My (now) 16 year old is mad on horses and bought one with her own money. After a couple of years she sold it but the new owner has decided it has a back problem of which my daughter should have known.

It's all very spurious but my questions are:

1) Can you sue a 16 year old at all?
2) Alternatively can you sue the parents?
3) If the latter, and the child knew there was a problem but the parent did not (not in fact the case but just to check) would the parent still be liable?

Many thanks to anyone that can help.

 

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View Bekken's Profile Bekken Flag 19 Jul 15 1.01pm Send a Private Message to Bekken Add Bekken as a friend


Not sure on the legality side of things but I would notify your legal expenses insurers of this incident immediately so that they can respond to protect you and offer legal advice. This insurance may be an extension of your Household insurance policy, if it's any good!

 

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View Mapletree's Profile Mapletree Flag Croydon 19 Jul 15 1.04pm Send a Private Message to Mapletree Add Mapletree as a friend

Quote Bekken at 19 Jul 2015 1.01pm


Not sure on the legality side of things but I would notify your legal expenses insurers of this incident immediately so that they can respond to protect you and offer legal advice. This insurance may be an extension of your Household insurance policy, if it's any good!


Thanks Bekken

At the moment it seems to be only a threat, I was going to let the household insurer know as soon as it gets more real. Do you think I need to do that even at this point?

 

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View wizlon's Profile wizlon Flag ... 19 Jul 15 1.17pm Send a Private Message to wizlon Add wizlon as a friend

Did the buyer ask for and receive a recent veterinary medical report before purchase?

If not then it's a case of caveat emptor.

If so and the report was indicative of existing or potential problems, then again caveat emptor.

2 years after purchase is far too long for anyone to reasonably discover an issue that should have been reported/discovered at purchase.

Personally I think that the buyer is attempting to bully your child into paying and wouldn't have a leg to stand on in any court.

 


HOMO SAPIENS NON URINAT IN VENTUM

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View palace777's Profile palace777 Flag belfast 19 Jul 15 2.02pm Send a Private Message to palace777 Add palace777 as a friend

just tell them to f*ck off.
buyer beware!!

 

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View Harry Beever's Profile Harry Beever Flag Newbury 19 Jul 15 2.56pm Send a Private Message to Harry Beever Add Harry Beever as a friend

Quote wizlon at 19 Jul 2015 1.17pm

Did the buyer ask for and receive a recent veterinary medical report before purchase?

If not then it's a case of caveat emptor.

If so and the report was indicative of existing or potential problems, then again caveat emptor.

2 years after purchase is far too long for anyone to reasonably discover an issue that should have been reported/discovered at purchase.

Personally I think that the buyer is attempting to bully your child into paying and wouldn't have a leg to stand on in any court.


Sounds like a lot of hot air to me. Know a little bit about this. If the purchaser didn't have a veterinary pre-purchase examination performed at the time they bought it then they've nowhere to go as Wizlon has said. There are also a lot of unqualified people who label horses as having back problems that don't (usually a riding instructor). I wouldn't engage with them personally. Tell them you're sorry they are having problems but the horse never had a problem when it was with you and you'd be happy to see any evidence they have to suggest to the contrary. They won't be able to produce any conclusive evidence to the contrary. A lot can happen to a horse over the course of 2 years. Not a lawyer but know a bit about horses.

 

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View Harry Beever's Profile Harry Beever Flag Newbury 19 Jul 15 3.03pm Send a Private Message to Harry Beever Add Harry Beever as a friend

Quote Harry Beever at 19 Jul 2015 2.56pm

Quote wizlon at 19 Jul 2015 1.17pm

Did the buyer ask for and receive a recent veterinary medical report before purchase?

If not then it's a case of caveat emptor.

If so and the report was indicative of existing or potential problems, then again caveat emptor.

2 years after purchase is far too long for anyone to reasonably discover an issue that should have been reported/discovered at purchase.

Personally I think that the buyer is attempting to bully your child into paying and wouldn't have a leg to stand on in any court.


Sounds like a lot of hot air to me. Know a little bit about this. If the purchaser didn't have a veterinary pre-purchase examination performed at the time they bought it then they've nowhere to go as Wizlon has said. There are also a lot of unqualified people who label horses as having back problems that don't (usually a riding instructor). I wouldn't engage with them personally. Tell them you're sorry they are having problems but the horse never had a problem when it was with you and you'd be happy to see any evidence they have to suggest to the contrary. They won't be able to produce any conclusive evidence to the contrary. A lot can happen to a horse over the course of 2 years. Not a lawyer but know a bit about horses.

Sorry just read the post in more detail. How long after it was sold did they start to complain? (thought it was 2 years but that's obviously how long your daughter had the horse for) Not an uncommon story. Did you sell the horse with the original saddle or did they buy a new one? I'd tell them to have it checked by a saddler if there using a different one. The other thing is it may be that the horse had a back problem you weren't aware of and the new rider is heavier than your daughter so it's just come to light. Not your fault.

 

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View becky's Profile becky Flag over the moon 19 Jul 15 5.42pm Send a Private Message to becky Holmesdale Online Elite Member Add becky as a friend

A 16 year old can sue and be sued, but whether or not she could be sued for something that occurred before she reached 16 I couldn't say.

 


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View dannyb1's Profile dannyb1 Flag Chichester 19 Jul 15 6.08pm Send a Private Message to dannyb1 Add dannyb1 as a friend

Send it to judge Rinder.

 

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View Dweeb's Profile Dweeb Flag East London 19 Jul 15 6.13pm Send a Private Message to Dweeb Add Dweeb as a friend

Quote dannyb1 at 19 Jul 2015 6.08pm

Send it to judge Rinder.

Not sure a dose of sarcasm from him will help.

 


Taking the bungy jump since 1964. Never to see John Jackson in a shirt again

Sorry to see Lee Hills go, did we ever see Alex Marrow? We did January 2013

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View Bekken's Profile Bekken Flag 19 Jul 15 6.14pm Send a Private Message to Bekken Add Bekken as a friend

Quote Mapletree at 19 Jul 2015 1.04pm

Quote Bekken at 19 Jul 2015 1.01pm


Not sure on the legality side of things but I would notify your legal expenses insurers of this incident immediately so that they can respond to protect you and offer legal advice. This insurance may be an extension of your Household insurance policy, if it's any good!


Thanks Bekken

At the moment it seems to be only a threat, I was going to let the household insurer know as soon as it gets more real. Do you think I need to do that even at this point?

A preliminary notification should be made as soon as an event which could give rise to a claim is known


 

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bubble wrap Flag Carparks in South East London 19 Jul 15 6.18pm

Very difficult and costly for the buyer to prove that your daughter was aware of the horses back problem presale. Would tell the buyer to saddle up and f*** off.

 

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