Equine Law Blog

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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

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.

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Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers

Showing 110 posts in Liability.

Stable Rules: What's on YOUR Wall?

Should your stable have rules? Stable rules list the various policies and regulations governing activities on the property. In developing and posting them, stables try to establish limits for customers and visitors, set expectations, and promote safety. Stables have every incentive to develop, post, use, and update rules.  Read More ›

Categories: Boarding, Contracts, Liability

Equine Industry Liability Releases: Are Fewer Words Better?

Julie Fershtman, our Equine Law practitioner, is speaking at the 31st Annual National Conference on Equine Law in Lexington, Kentucky, on the topic of liability releases in equine activities. Today’s blog post shares some of her upcoming remarks. Read More ›

Categories: Liability

Selling Horses on a Payment Plan? Leasing Your Horse to Someone? Here's an Advance Planning Checklist

Many people sell their horses on an installment basis or lease out their horses to others for a span of months or years. Frequently, these arrangements are mutually beneficial. But problems can, and do, occur – and they're sometimes very serious. Careful advance planning could either eliminate these problems or reduce their severity. Read More ›

Categories: Liability, Sales/Disputes

Liabilities Based On a Slipping Saddle

Rider rents a horse from a stable, instructor, or dude ranch. Rider falls and is hurt, allegedly due to saddle that slipped. Rider sues, alleging that the provider improperly secured the saddle on the horse.

What happens next? Who is liable? Over the years, numerous lawsuits have been brought based on equestrian injuries blamed on saddles that were allegedly defective or improperly tightened.  Read More ›

Categories: Lawsuit, Liability

What You Were Afraid to Ask About Equine Activity Liability Acts

The nation's first Equine Activity Liability Act was enacted in 1989. Now, 47 states (all except California, Maryland, and New York) have them. All of these laws differ. With the passage of time, questions have emerged about how these laws work and what they do. Julie Fershtman, who is widely considered to be the nation's most experienced and knowledgeable lawyer regarding these laws, explained them in a webinar earlier this week for www.equestrianprofessional.com. Here are some of her remarks. Read More ›

Categories: Liability

Equine Activity Liability Acts – Not Just About Horses

Equine Activity Liability Acts, now in 47 states, were originally enacted with the aim of providing limited liability for activities involving equines. For example, the statute in Washington State, which was the first enacted in the country, defines an “equine” as “a horse, pony, mule, donkey, or hinny.” [Rev. Code Wash. Sec. 4.24.530(1)]. Over the years, these statutes have broadened to include a variety of different animals – and some might even surprise you. A sampling of states shows the range of animals they sometimes cover. For example: Read More ›

Categories: Liability

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

Didn’t Read the Stable’s Release? You Might Still Be Bound By It

The stable or instructor gives the customer a liability release to sign. Later, he sues the stable, and when the stable uses the signed release in its defense, the customer admits that he signed it. But he claims that it should not be enforced because he failed to read it before he signed it.

Is this argument valid? Nationwide, courts have considered these claims in equine-related cases, and some of the results might surprise you.  Read More ›

Categories: Liability