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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/.


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

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.


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 37 posts in Insurance.

What to Consider Before an Equine Professional Does Business on Your Property

An elderly widow lives alone on the family farm. The horse barn has been empty since the children moved out. Recently, an equine professional asked to rent the horse facility to run a boarding, training, and lesson business. Should this arrangement proceed?  Read More ›

Categories: Contracts, Insurance, Liability, Zoning & Land Use

Surprise! You're an Equine Professional

You have a full-time job, or you're a student. But you also have a horse in the barn. Wouldn't it be nice to make money from the horse? What if you offered riding lessons on the weekends or did some "moonlighting" as an instructor to generate extra cash? You may think your part-time business activities are a mere hobby, but the law might say quite the opposite. Read More ›

Categories: Contracts, Insurance, Liability

What You Didn't Know About Liability Insurance

Every year you write the check to your insurance agent, fully expecting that you're covered for liabilities arising from your horse-related activities. But what if a claim or lawsuit is brought against you, and, to your surprise, you discover that you’re not covered for it?

Here are some equine liability insurance coverage surprises that people have experienced over the years. With careful planning, you can make sure that they never happen to you. Read More ›

Categories: Boarding, Employment, Insurance, Liability

What You Didn’t Know About Equine Insurance

You’re about to apply for equine mortality insurance on your new horse. What you might not know is that these policies are unique, and some features of this type of insurance might surprise you. For example: Read More ›

Categories: Insurance

Liability Insurance Coverage – More Affordable Than You Think

Question: Should a riding instructor with a small clientele forego purchasing a policy of liability insurance merely because her business is small?

Answer: Definitely not. Even the smallest business operator is at risk of litigation if a student is injured. Never assume that your state's equine activity liability act (if you're in one of the 46 states with such a law) will protect you from everything, and never assume that people who sign liability releases won’t sue. Read More ›

Categories: Insurance, Liability

Children, Horses, and Liability: The Law Might Surprise You

  • A boarder brings her curious and rambunctious 4 year-old son, Henry, to the stable, but he slips away when she enters the tack room, despite her command to stay put, and wanders over to a nearby stall. He opens the stall door, allowing a yearling inside to run loose. The yearling gallops into the road, collides with a car, and motorists are injured. They sue the stable.
  • Before Sarah, 15 years old, takes a riding lesson, the instructor requires her parent to sign a liability release. Minutes later, Sarah falls off during the lesson and is injured. She sues the instructor.

Misunderstandings and myths abound when it comes to liabilities involving children. Make sure to separate fact from fiction.  Read More ›

Categories: Boarding, Insurance, Liability

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