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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.
Horse Racing Liabilities: A Case Study
An interesting, and tragic, case that Julie Fershtman handled several years ago involved a professional race horse driver’s death during a race at a Michigan race track. Julie represented one of the defendants, the owner/trainer of a Standardbred race horse that broke stride during the race and slowed down near the finish line. This allegedly caused a pile up of horses behind him on the track, and one of the drivers lost his life.
The lawsuit was targeted against the owner and trainer of the horse that broke stride. It alleged that he was legally responsible for submitting an "unreasonably dangerous" horse into the race. In fact, undisputed evidence existed that this horse had broken stride in past races and even had caused a collision a few weeks before the fatal race.
Although Michigan law abolished assumption of risk decades ago when it adopted comparative negligence, Julie nevertheless secured dismissal of the case for the owner/trainer under a theory of "inherent risks." She essentially argued that the act of a horse breaking stride during a race was among the realities and “inherent risks” of horse racing activity. Agreeing with Julie, and dismissing the case, the court issued a ruling holding that the owner/trainer was not liable because:
- there were no violations of racing rules and the race horse at issue was qualified to enter and compete in the race; and
- the act of a race horse "breaking" was a foreseeable and inherent risk in harness racing activity and was not a dangerous propensity.
[The case was: Rathka v. Kesler, Genesee County, Michigan, Circuit Court No.: 95-42110-NO.]
If you have any questions about this case, please contact Julie by using the form below.
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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