Congratulations, Julie! We're proud to share that Julie Fershtman has received two prestigious awards.
On April 13, 2013, she received the American Youth Horse Council's 2013 "Distinguished Service" Award. As the award itself states, she received it "[i]n recognition of years of dedicated service to the American Youth Horse Council and tireless efforts to touch the lives of youth involved with horses." For more information about the American Youth Horse Council, please visit www.ayhc.com/.
On May 7, 2013, Julie received the 2013 "Industry Award" from the Michigan Equine Partnership for her work over the years supporting legislation to promote and protect the Michigan equine industry. For more information about the Michigan Equine Partnership, please visit www.miequine.com/.
We're pleased to share that Julie just won a case in Michigan where she defended a boarding and training stable that was sued by a visitor who was injured in the barn aisle. Julie cautions that this case might have been avoided altogether if the stable required every visitor to sign its waiver/release of liability. (Julie, interestingly, drafted that stable's release document years ago but the stable only presented it to customers.) Make sure that your release is well-worded and complies with the laws of your state.
"The Seller's Contract Includes an "As Is" Disclaimer – Now What?" - Desert Mirage Magazine, August 2013
"What Mare Owners Should Look for in a Typical Horse-Breeding Contracts." - America's Horse Daily, September 14, 2012
We're always on the lookout for good article and update ideas for the Equine Law Blog. Please share yours! We'll give the sender of best tip of the month a free copy of Julie Fershtman's books, EQUINE LAW & HORSE SENSE and MORE EQUINE LAW & HORSE SENSE. Click here to send your ideas. [For more info on these and other publications written by Julie Fershtman, please visit www.equinelaw.net and www.equinelaw.info or call her directly at (248) 785-4731.]
We applaud the American Horse Council (www.horsecouncil.org) for its national marketing initiative for the horse industry. The AHC joined together ten national associations and large corporate industry stakeholders to make this happen. We await its marketing plan, which will propose ways to help people become more interested in horses and equine activities, either as participants or spectators.
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie.
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For years, we have written about the importance of liability releases used by horse owners, instructors, trainers, stables, and others in the equine industry. Stables that use boarding contracts without proper release clauses could be missing a valuable opportunity to manage their risks. Two cases help illustrate why. Read More ›
Julie Fershtman, our Equine Law practitioner, is speaking at the 31st Annual National Conference on Equine Law in Lexington, Kentucky, on the topic of liability releases in equine activities. Today’s blog post shares some of her upcoming remarks. Read More ›
In equine-related lawsuits, parties often hire expert witnesses to testify at trial. Experts are sometimes called upon to testify about a party's compliance (or lack of compliance) with a standard of care. The role of an expert witness is to assist the judge and jury in understanding key issues in a case. For example, an expert can be asked to testify if the equipment used by a riding instructor was properly selected for the horse and rider.
For trial lawyers handling Equine Law cases, among the most difficult tasks is selecting the right expert witness for a case. In a well-known equine case from Minnesota, the Court refused to allow a party's proposed equine expert witness to testify. The Minnesota Supreme Court ultimately upheld that judge's ruling and affirmed the striking of that expert from testifying. Read More ›
Many people sell their horses on an installment basis or lease out their horses to others for a span of months or years. Frequently, these arrangements are mutually beneficial. But problems can, and do, occur – and they're sometimes very serious. Careful advance planning could either eliminate these problems or reduce their severity. Read More ›
Rider rents a horse from a stable, instructor, or dude ranch. Rider falls and is hurt, allegedly due to saddle that slipped. Rider sues, alleging that the provider improperly secured the saddle on the horse.
What happens next? Who is liable? Over the years, numerous lawsuits have been brought based on equestrian injuries blamed on saddles that were allegedly defective or improperly tightened. Read More ›
Can a disabled teenager keep a miniature horse in an urban location as a “service horse”? That was the issue in an interesting lawsuit that was decided last year by a federal appellate court in Ohio.
At issue was a Blue Ash, Ohio city ordinance banning horses from residential property. Allegedly acting in response to complaints from neighbors about unsanitary conditions and offensive odors created by the horse, the city wanted residents (Anderson and her daughter) to remove a miniature horse from their property, and it brought criminal charges against Anderson. She and her daughter fought back. Read More ›
We'd love to be considered as your next attorney. But we also care deeply about the continued strength and viability of the equine industry and hope that you don’t need us. Legal disputes are expensive to resolve, but careful planning can either prevent them completely or narrow them considerably. We offer some general ideas to help you plan for a dispute-free year: Read More ›
The nation's first Equine Activity Liability Act was enacted in 1989. Now, 47 states (all except California, Maryland, and New York) have them. All of these laws differ. With the passage of time, questions have emerged about how these laws work and what they do. Julie Fershtman, who is widely considered to be the nation's most experienced and knowledgeable lawyer regarding these laws, explained them in a webinar earlier this week for www.equestrianprofessional.com. Here are some of her remarks. Read More ›
Janet is fighting a serious illness, but no medicine gives her more comfort and happiness than her horse, "Whistler." She visits the boarding stable several times a week just to brush his coat and feed him carrots. What if Janet's health takes a turn for the worst - who will take care of "Whistler"? What if the horse needs costly colic surgery while she's too ill to give directions or if she is longer here? Is there anything Janet can do now to ensure that "Whistler" remains with her family and receives proper care and attention in the years ahead?
Yes, under Michigan law it is possible for Janet to create a trust, known as a Pet Trust, for the care of her horse. If you have a horse like Janet, would you like to provide instructions for its care if you are no longer able to do so due to your death or disability? If so, by creating a Pet Trust you can, for example: Read More ›
Equine Activity Liability Acts, now in 47 states, were originally enacted with the aim of providing limited liability for activities involving equines. For example, the statute in Washington State, which was the first enacted in the country, defines an “equine” as “a horse, pony, mule, donkey, or hinny.” [Rev. Code Wash. Sec. 4.24.530(1)]. Over the years, these statutes have broadened to include a variety of different animals – and some might even surprise you. A sampling of states shows the range of animals they sometimes cover. For example: Read More ›