Equine Law Blog

Subscribe to RSS

Get updates by email

Blog Contributors


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.

You Suspect Animal Abuse – Now What?

What do you do if you believe that a professional, such as a horse trainer or veterinarian, engaged in abusive conduct.

Know the Risks

If you suspect that an equine industry professional is engaging in abusive practices, proceed very cautiously and always in good faith.  Your accusations, if improperly made, could potentially destroy someone’s business and reputation.  Your conduct could even generate a lawsuit against you in which a professional claims that you defamed him (through slander or libel) or improperly interfered with his business.

Whom to Contact

Because certain state and federal laws make animal abuse illegal, your good faith accusations are best directed to law enforcement authorities, such as the local police department, the prosecutor’s office, or possibly the local animal control officer.  As you meet with them, you will be asked to provide details about what you saw, when you saw it, and much more.  Be prepared for the possibility that the authorities will know nothing about horses and might not understand your complaints.

Supporting Your Accusation

Images caught on video often tell the story better than anyone can describe them, and the one depicted will have fewer defenses.  In fact, I recall watching a TV news show about a small animal veterinarian who was accused of abusing dogs and cats in his care.  Someone caught the veterinarian abusing an animal on videotape and sent the video to the police, who eventually brought animal cruelty charges against the vet.

Suggestions

Those who want to respond to perceived animal abuse can keep these ideas in mind:

  • Proceed with caution.  Be cautious before accusing anyone of committing a criminal act, such as animal abuse.  Reckless accusations you make against others, and accusations made in bad faith, put you at risk of a lawsuit against you for defamation or improper interference.
  • Give your evidence special care.  If it would be legal to photograph or videotape the complained-of activity, and if you record the conduct, remember that you are holding evidence.  In a court of law, the integrity of evidence could be compromised if there were irregularities in how and where it was maintained.  Keep close track of the whereabouts of your equipment, films, or photos.
  • Direct your accusations appropriately.  Contact law enforcement if you want to take action against perceived abuse.  If you proceed in good faith and direct your accusations properly, you will find that the law holds certain protections for you against claims of defamation.  Your lawyer can discuss this with you further.

Accusations of abuse are serious and can have tremendous legal consequences.  When questions arise based on specific situations, direct them to a knowledgeable attorney.

Categories: Animal Abuse, Liability


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.

View All Posts by Author ›