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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/.

RECENT EQUINE LAW COURTROOM VICTORY

We're pleased to share that Julie just won a case in Michigan where she defended a boarding and training stable that was sued by a visitor who was injured in the barn aisle. Julie cautions that this case might have been avoided altogether if the stable required every visitor to sign its waiver/release of liability. (Julie, interestingly, drafted that stable's release document years ago but the stable only presented it to customers.) Make sure that your release is well-worded and complies with the laws of your state.

Other Articles

"The Seller's Contract Includes an "As Is" Disclaimer – Now What?" - Desert Mirage Magazine, August 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

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.

Showing 31 posts in Insurance.

Legal Aspects of the Trial Period: Three Foreseeable Problems and Ways to Avoid Them

"Try out my horse for few weeks.  See if you get along with him." 

These were the words of a sincere, well-intentioned seller who only wanted a satisfied buyer.  Could anything possibly go wrong with this trial period arrangement?   Let’s explore three possible problems and ways to avoid them. Read More ›

Categories: Insurance, Liability, Sales/Disputes

Legal Aspects of an Exercise Rider Business

In an effort to spend time with horses, while also raising cash, some people in the horse industry develop small businesses. We have received calls from people interested in establishing an exercise riding business where they visit people’s stables, saddle up designated horses, and work the horses on tracks, trails, arenas, or fields. In many instances, exercise riders work alone and must groom and saddle each horse. Very often, the exercise rider receives little information about the horses they’re asked to work. If you are considering an exercise riding business, here are a few suggestions: Read More ›

Categories: Contracts, Insurance, Liability

Your Boarding Stable’s Liability Insurance Is Not Necessarily Your Horse’s Mortality Insurance

The scenario is unfortunate: A boarded horse becomes seriously injured while at the stable and must be euthanized on recommendation of the veterinarian. The loss might have resulted from a freak accident, such as a broken leg from the horse’s long-time pasture buddy who inflicted a strong kick at the wrong spot.  The demised horse was not insured with equine mortality insurance. Read More ›

Categories: Insurance

Equine Law Changes in Connecticut

Equine Law changes afoot in Connecticut! The Connecticut legislature just curbed its Supreme Court in a law that trumps Vendrella v. Astriab (the "vicious and dangerous" case) and determines that domesticated horses are not vicious or dangerous.


Categories: Insurance, Liability

Recent Court Case is a Reminder for Owners of Insured Horses

The importance of complying with an insurance policy’s notice requirements has become especially newsworthy thanks to Julie Fershtman’s courtroom victory last year in an equine insurance coverage lawsuit in an Illinois federal court. In that case, a horse owner sued the company challenging its denial of benefits under an equine insurance policy. Read More ›

Categories: Contracts, Insurance

Equine Liability Coverage – Test Yourself, and Protect Yourself

Do you understand what equine-related liability insurance policies do? Many people in the horse industry learn the shortcomings of their liability insurance policies after something goes wrong.

To gain a better understanding of how these policies work, here are examples of some occurrences: Read More ›

Categories: Insurance, Liability

Letting Someone Ride Your Horse? Consider the Legalities

“Can I borrow your horse?” We hear this question from friends, acquaintances, co-workers, and relatives. When we answer “yes,” what usually follows is a fun and pleasurable experience. Sometimes, however, the opposite holds true, someone is hurt, and a lawsuit follows.

This article briefly discusses why people sue others who lend out horses and offers some suggestions for horse owners to try to protect themselves. Read More ›

Categories: Insurance, Liability

The Unique Benefits of Hiring an Equine Law Practitioner

In January 2013, I spoke at a number of education programs on Equine Law. Attendees raised several questions, and some of them are shared on this blog.

Question

Has your equine law experience made a difference in specific cases where opposing counsel may have lacked similar experience? If so, how? Answer ›

Categories: Insurance, Sales/Disputes

When Can You Euthanize Your Insured Horse?

A major difference between mortality insurance on a horse and life insurance on a human is that equine mortality policies typically expect the possibility that the insured horse can be destroyed and payment can still follow.  Over the years, court battles have also arisen on the question of whether the owner’s intentional destruction was truly warranted.  A discussion of some of the cases follows. Read More ›

Categories: Insurance

Avoiding the “Attractive Nuisance”

Are you held liable if a child trespasses onto your property and is injured?

Hazardous places, conditions, or things on the land that tend to lure unsuspecting children are commonly known as "attractive nuisances."  Attractive nuisances are typically not natural conditions of the land, such as a pond, but rather are conditions that were created by the landowner or someone else on the property.  Swimming pools are classic examples.  Depending on the circumstances and how the state defines an “attractive nuisance,” a horse might qualify. Read More ›

Categories: Insurance, Liability