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Other Articles
"Beware of the "Business Pursuits" Exclusion" - The Greater Lansing Business Monthly, March 2013
"What Mare Owners Should Look for in a Typical Horse-Breeding Contracts." - America's Horse Daily, September 14, 2012
Should Exculpatory Agreements Relieve Liabilities Founded on an Equine Activity Liability Act? American Bar Association - TIPS Animal Law Committee Newsletter, Fall 2012
Past Speaking Engagements
"Crop and Livestock Insurance Law from the Ground Up" - January 25, 2012
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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.]
Large Step Forward for the Horse Industry
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.
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, 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.
Is a Babysitter Who Signs the Release for a Child a “Legal Guardian”?
Equine facilities nationwide have encountered the problem of busy parents who allow babysitters, non-parental relatives, or family friends to drive their children for riding lessons. Can a babysitter, relative, or family friend sign a liability release on behalf of the child?
Legally, no. Why?
- Courts nationwide cannot agree on whether a child’s parents can effectively release away a child’s right to sue. If some states are unwilling to allow even a parent to release a child’s right to sue for negligence or other liabilities, don’t expect courts to allow someone with a lesser familial relationship to accomplish the same thing.
- Babysitters, family friends, and non-parental relatives are insufficiently close to a child, in the eyes of the law, to contract on that child’s behalf. An exception might exist if the child is under a legal guardianship.
- “Legal guardians” are typically people who have been granted by a court of law legal authority to care for another person (the other person, such as a child or a person under some form of legal incapacity or disability, is called a “legal ward”). A mere friend of the family — without receiving a “guardian” designation from a court of proper jurisdiction or in a legally proper way — does not qualify.
Conclusion
Where allowed by law, have a valid liability release on file applicable to the child. And, where allowed by law, require all visitors who enter your facility’s premises to have a properly worded release of liability on file.
Categories: Liability
Julie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. A frequent author and speaker on legal issues, she has written over 200 published articles, three books, and has lectured at seminars, conventions, and conferences in 28 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.
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