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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.
Showing 62 posts in Liability.
It Looks Like Veterinary Malpractice, But it’s Not
Not every claim against a veterinarian is really a claim of veterinary malpractice. A small number of cases involving veterinarians are more appropriately brought as a claim of ordinary negligence on part of the veterinarian or the staff. Read More ›
Categories: Liability, Veterinary Malpractice
Should Minor Children Sign Equine Contracts?
In March 2013, I was a speaker at an Agribusiness Conference in Sacramento, California. Members of the audience raised excellent questions, one of which was: Should minor children be permitted to sign a horse facility’s contracts, such as releases, even if the child’s parent or legal guardian also signs? Read More ›
Categories: Contracts, Liability
Police Department Faces Possible Liability for a “Slow Speed Chase” of a Loose Horse
Police departments and local governments often enjoy governmental immunity, which protects them from liability except in limited situations. In one interesting but tragic loose horse case, a Florida court held that governmental immunity might not protect a municipality. That case involved a loose horse on an unlit highway late at night. A police officer spotted the horse on the road and followed from his squad car, but without lights (apparently, the officer had decided that the lights might spook the horse and turned them off). This resulted in a “slow speed chase” of the horse in an apparent attempt to herd it near the highway median. Read More ›
Categories: Liability
Do Equine Activity Liability Acts Apply to Other Species of Animals?
In January 2013, I was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York State Bar Association. Attendees raised several questions, and some of them are shared on this blog.
Question:
Regarding an Equine Activity Liability Act, are there any similar or analogous statutes relating to any other animals/species? Answer ›
Categories: Liability, Regulatory
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. Read more about the case ›
Categories: Liability
Important Alert: U.S. Department of Agriculture Adopts Animal Disease Traceability Program
On January 9, 2013, the U.S. Department of Agriculture adopted the Animal Disease Traceability Program (ADTP). It takes effect 3/11/2013 and impacts the equine industry. What is the purpose and how does it affect you? ›
Categories: Liability, Regulatory
Liability and Faulty Reins
Equine liability litigation sometimes focuses on the equipment worn by a horse before an accident occurred. Some cases claim that the horse was equipped with defective reins, which caused someone (the plaintiff in the case) to be hurt. Here are two such cases. Read More ›
Categories: Liability
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. What else should you know? ›
Categories: Animal Abuse, Liability
Trick Rider Loses Her Product Liability Case Regarding Defective Saddle
A 2001 case involved the plaintiff, a highly experienced trick rider, who was dragged from her horse and injured while engaging in trick riding activity. She sued the saddle manufacturer, Weaver Leather Goods, claiming that an off-billet on the saddle was defective. Her lawsuit claimed that the saddle maker violated a provision of the Tennessee Uniform Commercial Code by breaching an implied warranty of fitness for a particular purpose. She also sued for products liability and failure to warn. Read More ›
Categories: Liability
Your Stable’s Holiday Party: Avoid Legal Pitfalls
The holiday season is here, and many stables around the country are hosting their annual year-end parties for customers and friends. But celebrations can quickly turn to tragedies. Here are some suggestions to avoid liability: Read More ›
Categories: Liability