Equine Law Blog
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.
In January 2013, I spoke at a number of education programs on Equine Law. Attendees raised several questions, and some of them are shared on this blog.
Question
Has your equine law experience made a difference in specific cases where opposing counsel may have lacked similar experience? If so, how?
In January 2013, I was invited to New York City speak at a continuing legal education conference sponsored by the New York State Bar Association Committee on Animals and the Law. Below is a question posed by an attendee and my answer. This question relates to industry regulation and certification.
Question
Are professional horse trainers licensed, certified or accredited by any government agency or professional organization?
During a national teleconference on Equine Law in January 2013, I was asked: “Do you recommend pre-sale agreements regarding inspections and testing?”
Answer
Yes. When I represent sellers in equine sale transactions, I prefer a contract that specifies that the buyer has received an opportunity to have the horse tested by veterinarians and equine professionals of the buyer's own choosing and at the buyer's sole expense. Allowing, if not encouraging, the buyer to seek professional opinions on the horse can help break the chain of reliance on the seller.
