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On Thursday a freak accident at the barn where my daughter…

Customer Question
On Thursday a freak...

On Thursday a freak accident at the barn where my daughter keeps her horse in Copperopolis fatally injured our sweet lovable Thoroughbred. A kid (about 10-14) was trespassing thru the facility kicking up sand, gravel & rocks, and spooking the horses. Booker spooked, jumped the 4-5’ arena rail, his hind legs got caught, he tumbled over and was killed when his head hit the ground. My daughter was at the barn cleaning his stall and witnessed the whole thing! She was about to yell to the kid to stop causing a commotion when the incident happened. She ran to her horse and the kid disappeared. The next day another barn person watched to see which house he went to when the school bus dropped him off. So we know where he lives. She tried to file a police report, but was told only the property owner could file a report. The kid & his parents need to be responsible. I told her to confront them and ask for their homeowners insurance information. If they resist, we will have to take them to court. My question is can we go after their homeowners insurance (use that as a threat) to avoid a civil law suit?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Not that I know of. The property owner is a Contra Costa County Sheriff who has been out of town. He said he would definitely be filing trespassing charges.

Submitted: 7 months ago.Category: Legal
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Answered in 2 hours by:
1/15/2018
Lawyer: Asad Rahman, Lawyer replied 7 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
Verified

I am sorry to hear that. Their home insurance policy is potentially a source of recovery but a lot of it depends on what is actually covered. They definitely have civil liability here and so it is up to them (the family) as to which source of income or coverage they seek. You have to assert a claim against them for them to invoke their home insurance coverage.

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