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.
"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
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.]
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 94 posts in Liability.
As this blog has reported in the past, courts nationwide have disagreed as to whether parents can legally release away personal injury claims of their minor children.
In a decision issued earlier this year, a California appellate court found that a horse trainer/riding instructor's release of liability, signed by a mother as well as her teenage daughter, was enforceable. Accordingly, the court held that a lawsuit against the trainer (who was also referred to as a "coach") arising from the teenager's death, was properly dismissed. Read More ›
If any of these incidents occurred in a state with an Equine Activity Liability Act (“EALA”), could the injured rider base his or her lawsuit on the “faulty tack or equipment” exception? *
Over the years, courts have examined the issue of what qualifies as “faulty tack or equipment.” In these two cases, the courts were convinced that a loose cinch or girth does not. Read More ›
In April 2015, Julie Fershtman travels across the country for two speaking engagements regarding the Equine Activity Liability Acts (“EALAs”), including the National Conference on Equine Law. A lawyer with hands-on experience involving these laws nationwide, Julie will discuss recurring issues. Forty-six states now have some form of an EALA (except for California, Maryland, Nevada and New York).
One recurring issue is whether an injured person’s claims under an EALA can be released away. The majority view is that waivers/releases can potentially bar EALA claims. Courts in these states (as of 3/2015) have issued rulings to this effect: Read More ›
Categories: Liability, News & Events
Imagine owning a boarding stable that had a barn fire, causing loss to some of the horses. Imagine later being sued from a disgruntled boarder whose horse perished in the fire. This happened to a Michigan stable, and the stable faced an aggressive legal challenge from the boarder. In the end, the trial court dismissed the case and the Michigan Court of Appeals affirmed the dismissal in 2014. Why did the stable win? The liability release in its boarding contract played an important part of this result. Read More ›
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
Misunderstandings and myths abound when it comes to liabilities involving children. Make sure to separate fact from fiction. Read More ›
The scenarios are all too common in the horse industry:
From a risk management standpoint, these stables could protect themselves better. As our experience tells us, spectators and visitors sometimes get injured on the premises, and when they do, lawsuits can follow. Read More ›
"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 ›
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 ›
Your liability release might not be as strong as you think. Though courts in most states have shown a willingness to enforce releases of liability (when properly worded and signed), there is never a guarantee that all courts will accept and enforce your release. Why have releases failed? Here are examples of a few documents that failed in a legal challenge because the courts believed they were improperly drafted: Read More ›