As of: February 9, 2024, 6:00 a.m
Comments
Press
Split
Horse buyer sues veterinarian and seller.
© Symbolic photo: imago
Because her newly purchased horse suddenly became lame, a 46-year-old woman sued the seller and the veterinarian.
They now have to reimburse the owner for the purchase price.
District - Because her horse began to lame four weeks after purchase, a woman from the Weilheim-Schongau district sued the seller and a veterinarian from the Ebersberg district in the Munich district court.
With the settlement now concluded, the 46-year-old is practically getting the horse as a gift.
Newly purchased horse is lame: owner sues veterinarian and seller
The plaintiff paid 15,000 euros for “Why Not” two and a half years ago.
In addition to the purchase price, she has sued for reimbursement of costs such as food and veterinary care.
In total she wanted over 30,000 euros - in return for the return of the horse.
At the oral hearing in November, the presiding judge spoke of a “clear case” (we reported).
The woman from the Weilheim district was helped by a “reversal of the burden of proof” with the seller, a breeder from the Allgäu region.
This applies to private buyers if a defect becomes apparent within six months of purchase.
Therefore, the seller would have had to prove that the misalignment of the toes on the left front leg, which was discovered during the purchase examination, was not the cause of the lameness.
He was unable to provide this proof: a court-appointed expert considered other causes to be possible, but not compelling.
Veterinarian should have explained the risk of a “toe deformity”.
The judge also found the lawsuit against the veterinarian to be justified.
The veterinarian from the Ebersberg district had explained the risk resulting from the misalignment of the toes.
In the opinion of the expert, however, he should have additionally explained that the risk is increased in a “young, unloaded horse”.
The question of whether the plaintiff, who is burdened with the evidence, would have bought the horse if she had been informed about the increased risk was not discussed.
The plaintiff's lawyer explained during the hearing that his client had developed an emotional relationship with "Why Not" in the meantime and suggested that the defendants pay back the purchase price and his client keep the horse.
The seller and veterinarian have now agreed to this settlement proposal, which the court took up.
The two “joint debtors” have to repay the 15,000 euros together.
Who how much is their business.
Basically, the law provides for half-and-half.
The horse seller and veterinarian have to pay 15,000 euros
If you ignore the interest on the 15,000 euros, the woman from Weilheim received “Why Not” as a gift: she would have had to cover the costs for food and the vet anyway.
My news
Children's home closes: Vaterstetten throws out AWO
Planned new refugee accommodation in Vaterstetten: Mystery about the choice of hotel reading
Truck accident on the A99: full closure and injured person at the Munich-Ost motorway junction
The donut maker sisters from Zehmerhoflesen
Contact point for generations of students: Now the Zornedinger handbook binder Albert Wiedemann (77) is finally closing his workshop reading
Nonsensical Thursday: City of Grafing issues these orders
You can find more news in our brand new Merkur.de app, now in an improved design with more personalization functions.
Directly available for download, more information can be found here.
Are you an enthusiastic user of WhatsApp?
Merkur.de will now keep you up to date via a new Whatsapp channel.
Click here to go directly to the channel.