Horse sues former owner for $100,000 for negligenc

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Horse sues former owner for $100,000 for negligenc

7 years 1 month ago
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An eight-year-old horse named Justice is suing his former owner for $100,000 (£74,000) after suffering months of abuse that left him with frostbite, a skin infection and damaged genitals.

In a landmark lawsuit to recover the costs of his ongoing medical care, the Animal Legal Defence Fund (ALDF) in Portland is seeking damages from Gwendolyn Vercher, 51, of Cornelius, North Carolina, on behalf of Justice, who is now being cared for at an animal shelter in Oregon.

The stallion, formerly known as Shadow, was suffering from rain rot, afflicted with lice and 300lbs underweight when he was rescued in March last year.

According to the lawsuit, his treatment by Vercher left him with "permanent physical and psychological injuries" that mean he will likely never find a new permanent home.

Vercher pleaded guilty to criminal animal neglect last summer and was sentenced to three years of probation, preventing her from owning any pets or livestock for five years.

But she only agreed to pay for Justice's care received prior to 6 July 2017, which cost a total of $3,700 (£1,100).

ALDF claim Justice will require "specialised medical care" for the rest of his life and any funds secured by the lawsuit will be placed in a legal trust to pay for it.

Justice had frostbite, a skin infection and damaged genitals. Pic: Animal Legal Defence Fund
Image:
Justice had frostbite, a skin infection and damaged genitals. Pic: Animal Legal Defence Fund
Executive director Stephen Wells said: "Horses like Justice are intelligent animals with the capacity for rich emotional lives.

"Oregon law already recognises Justice's right to be free from cruelty - this lawsuit simply expands the remedies available when abusers violate animals' legal rights."

The Oregon Supreme Court views animals as individual "victims" in criminal animal cruelty cases, with state legislature ruling that animals are "sentient beings capable of experiencing pain, stress and fear".

Sarah Hanneken, one of the lawyers representing Justice in the case, is confident the lawsuit will be successful.

"The Oregon legislature clearly established an anti-cruelty statute for the safety and protection of animals," she said.

"Victims of crimes can sue their abusers and animals are sentient beings that are recognised as victims under Oregon law. So with that premise, we've come to the conclusion that animals can sue their abusers and we're confident of our stance in this case."

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However, cases of animals suing humans do not tend have a great track record.

Just last month, a US court ruled that a monkey who took a selfie using a wildlife photographer's camera could not sue for copyright.

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