Equine Law Blog
Disputes involving defective horse feed have, in some instances, turned into lawsuits. Several years ago, I worked on a case where a horse died from blister beetle poisoning, and the horse owners sued a product manufacturer, the hay grower, and the hay seller.
“Blister beetle poisoning” is a type of poisoning that can result when a horse ingests a number of beetles called “blister beetles.” In the tissue of these types of beetles is a toxic substance called “cantharidin.” Blister beetles sometimes swarm in or near alfalfa fields in certain regions of the United States, typically the Southwest, and at certain times of the year. When those alfalfa fields are cut and baled for hay, blister beetles sometimes get caught in the hay and are not always immediately visible. Later, horses eating the hay might ingest blister beetles. Some will die or become seriously injured.
This covers practical suggestions for avoiding liability in equine and equestrian activities.
Veterinary malpractice cases are filed far less frequently than medical malpractice cases. Why? The tremendous expense and effort associated with malpractice cases often prompts people to take no legal action, purely out of economic concerns. Also, the law looks at animals, and their values, in a different way than animal enthusiasts do; as a result, almost every state will award significantly less if the case involves veterinary malpractice than it would award if the matter involved an injured human.
This segment addresses equine and equestrian liabilities in a general way as well as state Equine Activity Liability Acts.
Your facility posts “warning” signs, and your state has enacted an equine activity liability law. Do these make liability waivers/releases unnecessary?
The Difference Between a Sign and a Release
Important differences exist between “ride at your own risk” sign and a release of liability that is legally valid, well-written, and properly signed. Certainly, the sign may announce the facility’s interest in limiting its liability, but it is rarely enough to fend off a lawsuit when something goes wrong. Also, my many years of handling equine-related injury cases around the country tells me that after an incident arises, the injured person will often deny ever seeing or reading the sign.
Our challenging economy has taken its toll on equine businesses, many of which are seeing unprecedented numbers of clients who cannot afford to pay their boarding fees. Does the law allow the stable to sell off a horse for non-payment? What are the stable's rights? This podcast explores state laws to prevent stables, owners, and purchasers from costly civil – and criminal – legal battles.
This radio broadcast addresses practical suggestions for horse owners and stables to maintain the right to keep horses in their communities. At a time when urban sprawl has placed retail developments and subdivisions near established horse facilities, this topic is timely and informative.
A barn worker, while driving to the feed store to pick up a load of grain, is injured in an auto accident. A stable employee gets kicked in the head while pasturing a horse. Both have huge medical bills, and it will be months before either can return to work. This article generally explores the law of workers' compensation.
Many people believe that the one who is named on a horse’s registration papers is the horse’s true owner. This issue is not only important in sales settings but also in liability settings, as well.
Courts in a few states have examined the issue of whether registration papers prove ownership and have held that the name appearing on a horse’s registration papers may not necessarily be the name of the horse's true owner. In essence, these courts have recognized that differences exist between registration papers and a title to a car. There are several reasons for this; here are two:
