Equine Law Blog | Foster Swift

Happy Holidays!

Wed, 24 Dec 2014 09:00:01 -0500

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!

Children, Horses, and Liability: The Law Might Surprise You

Julie I. Fershtman — Wed, 17 Dec 2014 09:00:02 -0500

A boarder brings her curious and rambunctious 4 year-old son, Henry, to the stable, but he slips away when she enters the tack room, despite her command to stay put, and wanders over to a nearby stall. He opens the stall door, allowing a yearling inside to run loose. The yearling gallops into the road, collides with a car, and motorists are injured. They sue the stable.

Before Sarah, 15 years old, takes a riding lesson, the instructor requires her parent to sign a liability release. Minutes later, Sarah falls off during the lesson and is injured. She sues the instructor.

Misunderstandings and myths abound when it comes to liabilities involving children. Make sure to separate fact from fiction.

Nickels Here, Dimes There – Should Your Boarding Stable Impose Side Charges?

Julie I. Fershtman — Wed, 03 Dec 2014 09:00:03 -0500

For boarding stables, making a profit can be very difficult. Stables face increasing costs each year such as the cost of hay and employment expenses. Raising rates can be especially difficult, but some stable managers have found ways to avoid increasing their standard boarding fees. How do they do it? They require their boarders to pay extra for specific services or amenities.

Stable Rules: What’s On Your Wall?

Julie I. Fershtman — Wed, 19 Nov 2014 09:00:04 -0500

Boarding, lesson, and training stables have one thing in common – they all have clients and visitors on the property. For the general safety of the facility, stable managers sometimes develop and post stable rules that everyone should follow

Benefits of Stable Rules

The greatest benefit of stable rules is that they promote safety and cleanliness. Stables have every reason to expect each person who enters the facility to follow them as a condition for being allowed on the property.

Legal Aspects of the Trial Period: Three Foreseeable Problems and Ways to Avoid Them

Julie I. Fershtman — Fri, 17 Oct 2014 09:00:05 -0400

"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.

Legal Aspects of an Exercise Rider Business

Julie I. Fershtman — Wed, 01 Oct 2014 09:00:06 -0400

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:

Release of Liability Failures – And How to Avoid Them

Julie I. Fershtman — Wed, 17 Sep 2014 09:00:07 -0400

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:

My Leased Horse Looks Neglected – Now What?

Julie I. Fershtman — Wed, 03 Sep 2014 09:00:08 -0400

You leased out your horse to a family whose horse-crazy teenaged daughter promised to give him the best of care. After a few months passed, you paid your horse a visit but were shocked at what you saw. The horse appeared ribby, and his hooves had not been trimmed in months. It turned out that the teenager lost interest in your horse, but her parents knew little about horses to ensure that your horse received proper care. When you demanded return of your horse, the family refused and insisted that they were entitled to keep him until the lease term ended.

What can you do?

What You Didn’t Know About Liability Releases

Julie I. Fershtman — Wed, 20 Aug 2014 09:00:09 -0400

Liability releases are probably the most misunderstood documents in the horse industry. Myths and misunderstandings surround them. Let’s explore common misperceptions regarding releases and the facts.

Julie Fershtman’s Second Equine Law Court Victory in 2014

Julie I. Fershtman — Fri, 01 Aug 2014 09:00:10 -0400

Within just four months, Julie Fershtman, a shareholder at Foster Swift, has secured two summary judgment courtroom victories in favor of her equine industry clients. The first occurred in April 2014, when she won a case for a private lesson stable that was sued for personal injuries by a visitor who was injured in a barn aisle. The latest victory occurred on July 30, 2014, when Fershtman defended a private, family-owned horse breeding farm.