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Foster Swift: Equine Law

Honors & Recognitions

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/.

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
Purchase Audio CD

Win Equine law Books!

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.

Do Equine Activity Liability Acts Apply to Other Species of Animals?

In January 2013, I was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York State Bar Association. Attendees raised several questions, and some of them are shared on this blog.

Question:

Regarding an Equine Activity Liability Act, are there any similar or analogous statutes relating to any other animals/species?

Answer:

The Equine Activity Liability Acts, now found in 46 states (all states except New York, California, Nevada, and Maryland), were designed, in various ways, to limit or control certain liabilities in equine activities.  Although all of them differ, most share common characteristics.  That is, they usually provide that an “equine activity sponsor,” “equine professional” (defined terms) or another person are not liable is an “equine activity participant” sustained injury, death, or damage while “engaging in an equine activity” as long as an “inherent risk” was the reason for the injury, death, or damage.  Definitions of the quoted terms vary around the country.

A small number of these state statutes apply, by their terms, to “farm animals,” such as Kentucky’s statute [K.R.S. §§ 247.401 - 4029] and the Texas statute [T.C.A. Civil Practice & Remedies Code § 87.001, et seq.]. Some statutes expressly apply to equines and llamas, such as the Colorado statute [C.R.S.A. § 13-21-119].  I am unaware of other animal-related statutes that are comparable to the equine activity liability statutes.  These laws, to my knowledge, do not resemble dog bite statutes.

If you have any questions, please contact me using the form below.

Categories: Liability, Regulatory


Shareholder
Farmington Hills
T: 248.785.4731

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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