Unique Liability Risks Involving Minors
This year, I was invited to speak at the American Youth Horse Council’s Virtual Symposium on the topic of “Unique Equine Liability Risks Involving Minors - What They Are and How to Protect Yourself.” This article summarizes my remarks.
Children and horses have a strong bond. Many of us developed our passion for horses when we were young children. Those who provide horse-related activities for children, such as riding instructors and camps, face unique risks because the law looks at children differently than adults. Read More ›
Categories: Contracts, Insurance, Lawsuit, Liability
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Contracts Can Save Lives: How Boarding Contracts Can Handle Horse Emergencies
A boarded horse colics severely and requires emergency surgery, but the boarding stable cannot reach the owner to consent. Days earlier, the owner left for a vacation in a remote place with no phone or internet access. Despite hours of effort, the stable cannot find the horse owner. Finally, with no way of knowing whether the owner will approve costly surgery, the stable directs the veterinarian to euthanize the suffering horse.
A week later, the owner returns from vacation, only to find that her horse is gone. Then, when she submits a claim with her equine insurer, the company denies her insurance claim because the owner violated the insurance policy's condition to give the insurer timely notice of the horse's illness and death.
Although emergencies are a foreseeable part of horse ownership, the rest of this scenario could have been avoided, as this article explains. Read More ›
Categories: Boarding, Contracts, Insurance
The Seller’s Contract Includes an “As Is” Disclaimer – Now What?
Before a horse sale concludes, the seller asks the buyer to sign a written sale contract that includes an “as is” disclaimer. Should the buyer sign the contract? And if the seller refuses to negotiate a removal of that disclaimer, should the buyer walk away from the transaction? Not necessarily. Read More ›
Categories: Compliance, Contracts, Sales/Disputes
ABA Publishes Julie Fershtman’s Newest Book on Equine Law
Foster Swift shareholder Julie I. Fershtman’s latest book, Equine Law and Horse Sense, has just been published by the American Bar Association (ABA). Read More ›
Categories: Animal Abuse, Boarding, Breeding, Lawsuit, Liability, Zoning & Land Use
New Cases Show Strength of State Equine Activity Liability Laws
Currently, all states except for California and Maryland have some form of an equine activity liability act (“EALA”). Since the first EALA was enacted 30 years ago, courts have evaluated numerous cases involving these laws. In two recent cases, lawsuits that had been brought by people injured in horse-related activities were dismissed. Read More ›
Categories: Lawsuit, Liability
The Return of the Unpaid Internship
For the past eight years, the U.S. Department of Labor (the "DOL") followed a strict six-part test to determine whether a for-profit employer could use interns without compensating them for the services they provided. Read More ›
Categories: Department of Labor, Employee Handbook, Employment, Fashion, Labor Relations
Damage Caused by Boarded Horses -- Who Pays for It?
Broken pasture fences, broken gates, stall dividers kicked through, wash rack hoses and nozzles broken, stall walls bitten through, stall doors broken off of their hinges.
For many boarding stables, breaks and damages to the property like these are to be expected. The question is, who should pay for them? How should a boarding contract address this issue? Read More ›
Categories: Billing/Payment, Did you Know?, Liability
New Year's Resolutions for the Equine Industry
Planning ahead for a successful 2018? You might define “success” as great progress in your showing, breeding, training, racing, and riding. The fact is, however, that people in the horse industry still rely on handshake deals and incomplete contracts when they buy, sell, lease, board, train, haul, breed, and give instruction to others. Read More ›
Categories: Contracts, Did you Know?, Liability, Licensing
New York is 48th State to Enact an Equine Liability Law
On October 23, 2017, New York Governor Andrew Cuomo signed into law that state’s version of an equine activity liability law. The law took immediate effect. Read More ›
Dog Bite Liability – What Horse Owners and Stables Should Know
Horse owners are often dog owners. While horse owners may concern themselves with liabilities associated with horse ownership, they may lose sight of liabilities associated with their dogs. Dog bites can cause serious injuries, and litigation can follow. Read More ›
Categories: Did you Know?, Lawsuit, Liability
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs
Fershtman’s Equine Law Book Wins Fourth National Award
Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards.
The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021
Fershtman’s Equine Law Book Receives Third National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Equine Blog Ranked in Feedspot
Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".
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- Regulatory
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- Compliance
- Radio Broadcasts
- News & Events
- Animal Abuse
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- Licensing
- Contracts
- News
- Billing/Payment
- Liability
- Insurance
- Sales/Disputes
- Department of Labor
- Did you Know?
- Employee Handbook
- Zoning & Land Use
- Veterinary Malpractice
- Employment
- Defamation
- Boarding
- Fashion
- Workers' Compensation
- Labor Relations
- Fraud & Abuse
Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
Some of our Equine Law Services
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) 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 directly.
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