Equine Law Blog | Foster Swift https://www.equinelawblog.com/2012/ Sat, 12 Sep 2026 13:46:24 -0400 Trick Rider Loses Her Product Liability Case Regarding Defective Saddle https://www.equinelawblog.com/Trick-Rider-Loses-Product-Liability-Case-Defective-Saddle Julie I. Fershtman Trick-Rider-Loses-Product-Liability-Case-Defective-Saddle Wed, 26 Dec 2012 09:00:01 -0500 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.

]]> Your Stable’s Holiday Party: Avoid Legal Pitfalls https://www.equinelawblog.com/Stable-Holiday-Party-Avoid-Legal-Pitfalls-Liability Julie I. Fershtman Stable-Holiday-Party-Avoid-Legal-Pitfalls-Liability Wed, 19 Dec 2012 09:00:02 -0500 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:

]]> How Much Time is Enough Time to Read a Liability Release? https://www.equinelawblog.com/Enough-Time-to-Read-Liability-Release-equine-law Julie I. Fershtman Enough-Time-to-Read-Liability-Release-equine-law Wed, 12 Dec 2012 09:00:03 -0500 Once you have presented your liability release form to a new customer, how much time is enough time to allow him or her to read the document before signing?  In some states, when the enforceability of a liability release is at issue, courts have focused on the amount of time given to the signer before executing the document.

Is “two seconds” enough?

]]> Is a Babysitter Who Signs the Release for a Child a “Legal Guardian”? https://www.equinelawblog.com/Babysitter-Sign-Liability-Release-Child-Equine-Law Julie I. Fershtman Babysitter-Sign-Liability-Release-Child-Equine-Law Wed, 05 Dec 2012 09:00:04 -0500 Equine facilities nationwide have encountered the problem of busy parents who allow babysitters, non-parental relatives, or family friends to drive their children for riding lessons.  Can a babysitter, relative, or family friend sign a liability release on behalf of the child?

Legally, no.  Why?

]]> Can You Contract With a Child? https://www.equinelawblog.com/Equine-Contracts-Child-Age-of-Majority Julie I. Fershtman Equine-Contracts-Child-Age-of-Majority Wed, 28 Nov 2012 09:00:05 -0500 A teenager, 17 years old, drives herself to your stable and expresses an interest in buying or leasing one of your horses.  She is old enough to drive a car, but is she old enough to enter into a contract with you?

The answer is no.  Unless she has reached the age of majority in the applicable state, she does not have the legal capacity to enter into a contract with you.

]]> Papers, Papers - Who Has the Papers? Part II - Avoiding Registration Paper Disputes https://www.equinelawblog.com/Avoiding-Horse-Registration-Paper-Disputes Julie I. Fershtman Avoiding-Horse-Registration-Paper-Disputes Wed, 21 Nov 2012 09:00:06 -0500 Part one of this series explored the buyer's legal rights against sellers who fail or refuse to provide breed registration papers.  This part examines suggestions for buyers to consider in an attempt to avoid equine registration paper disputes.

]]> Papers, Papers - Who has the Papers? Part I – Legal Rights in Registration Paper Disputes https://www.equinelawblog.com/Equine-Legal-Rights-Registration-Paper-Disputes Julie I. Fershtman Equine-Legal-Rights-Registration-Paper-Disputes Wed, 14 Nov 2012 09:00:07 -0500 Two months ago you bought the mare you always wanted.  Your goal was to win championships in breed-recognized horse shows and then retire the mare for breeding.  A terrible problem has derailed your plans:  The seller will not transfer the horse's registration papers into your name.  Your arsenal of weapons is limited -- there is no written sales contract, but you recall the seller promising to send you the horse's papers "right away" the day you gave him your money (a promise he now denies ever making).

What are the buyer's options in these types of situations?  Here are a few of them:

]]> Selling a Horse on Installment Payments: Part III – Avoiding Common Disputes https://www.equinelawblog.com/Selling-Horse-Installment-Payments-Avoiding-Common-Disputes Julie I. Fershtman Selling-Horse-Installment-Payments-Avoiding-Common-Disputes Wed, 07 Nov 2012 09:00:08 -0500 Over the years, horse sellers have entered another’s property, such as a private barn or pasture, in an attempt to repossess a horse, only to face costly legal battles and sometimes even criminal charges of trespass and theft, as a result.

Here are suggestions for avoiding equine installment sales disputes.

]]> Selling a Horse on Installment Payments - Part II: Common Disputes https://www.equinelawblog.com/Selling-Horse-Installment-Payments-Common-Disputes Julie I. Fershtman Selling-Horse-Installment-Payments-Common-Disputes Wed, 31 Oct 2012 09:00:09 -0400 Here are common risks involving installment sales.  Part III addresses ways to minimize them.

1) The Buyer Stops Making Payment

The most common risk of an installment payment arrangement is also the most foreseeable – the buyer stops paying.  Horse owners, unlike banks, put themselves at greater risk of encountering this problem because they fail or refuse to gather important information about the creditworthiness of a buyer, even if the buyer is a total stranger.

]]> Selling a Horse on Installment Payments: Part 1 - What is an Installment Sale? https://www.equinelawblog.com/Selling-a-Horse-Installment-Payments Julie I. Fershtman Selling-a-Horse-Installment-Payments Wed, 24 Oct 2012 09:00:10 -0400 Banks do it.  Credit card issuers do it.  Horses can be expensive, and buyers often ask sellers to spread out their payments over months, or even years.  Should you, the horse seller, do it?

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