Showing 8 posts in News & Events.
Janet is fighting a serious illness, but no medicine gives her more comfort and happiness than her horse, "Whistler." She visits the boarding stable several times a week just to brush his coat and feed him carrots. What if Janet's health takes a turn for the worst - who will take care of "Whistler"? What if the horse needs costly colic surgery while she's too ill to give directions or if she is longer here? Is there anything Janet can do now to ensure that "Whistler" remains with her family and receives proper care and attention in the years ahead?
Yes, under Michigan law it is possible for Janet to create a trust, known as a Pet Trust, for the care of her horse. If you have a horse like Janet, would you like to provide instructions for its care if you are no longer able to do so due to your death or disability? If so, by creating a Pet Trust you can, for example: Read More ›
Categories: Boarding, News & Events
Spooking Horse Was an “Inherent Risk” and No “Willful or Wanton” Conduct Found
As of Aug. 1, 2015, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” The laws typically include a list of exceptions.
Does a horse bucking in reaction to a lawn mower qualify as an “inherent risk” for which the EALA might protect a horse owner from liability? Read More ›
Private, Backyard Facility Could Qualify as an “Equine Activity Sponsor” Under Equine Activity Liability Law
As of July 20, 2015, 47 states– all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” For example, Tennessee’s EALA, T. C. A. § 44-20-103, states:
Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
The laws typically include a list of exceptions, many of which this blog has explained. Read More ›
Michigan’s Equine Activity Liability Act Amended to Remove “Negligence” Exception for Professionals and Sponsors
On June 23, 2015, Michigan’s Gov. Rick Snyder signed into law an amendment to Michigan’s Equine Activity Liability Act (“EALA”). The law was amended by Public Act 87 of 2015. You can find it here.
The Law Before Amendment
The new amendment targets a portion of Michigan’s EALA involving its exceptions –sections of the law on which people can file equine-related personal injury lawsuits. As enacted in 1994, Michigan’s EALA included four exceptions: Read More ›
Categories: Liability, News & Events
47 states now have an Equine Activity Liability Act. These laws, in various ways, limit or control liabilities associated with equine activities. Nevada is the latest state to pass such a law. On May 27, 2015, Nevada’s Governor approved SB 129. Here’s a link to this new law. Read More ›
Categories: Liability, News & Events
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 ›
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
Thank you so much for checking out the Foster Swift Equine Law Blog. We are taking a short break from posting and look forward to providing you the latest news and information in 2015. Happy Holidays!
Categories: News & Events
Our Equine law blog (and its author) in the news!
Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed this week by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.
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.
"The Seller's Contract Includes an "As Is" Disclaimer – Now What?" - Desert Mirage Magazine, August 2013
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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