Equine Law Blog | Foster Swift

What You Wish You Considered for Your Equine Lease

Julie I. Fershtman — Wed, 14 Dec 2016 09:00:01 -0500

Equine lease transactions have become increasingly popular. Surprisingly, some people continue to lease horses merely on a handshake or use very short lease agreements, only to encounter costly problems later. Over the years, several people who have contacted us with equine lease disputes wished their contract had been more detailed. Detailed contracts can help avoid disputes, which can save very substantial amounts of money.

Recognizing that equine lease transactions differ, here are a few items to consider:

Unbounded Risk in Open Range Districts

Julie I. Fershtman — Wed, 30 Nov 2016 09:00:02 -0500

Driving along a highway at night, motorists don’t expect to see herds of cattle or horses. In designated “open range” districts, however, these animals could potentially cross the road in the day or night. So what happens when motorists collide with horses or livestock in open range districts?

Open Range Laws

Nationwide, most states are NOT open range states, and horse owners are required to reasonably secure them in barns and pastures to keep them off of roadways. A few states, that include (but are not limited to) Nevada, Montana, Texas, and Idaho, allow livestock owners to allow them to roam unfenced, with some restrictions. For example, Nevada Revised Statutes Sec. 568.355 defines “open range” as “all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam.” This state’s law, Nevada Revised Statutes Sec. 568.360, addresses liabilities of animal owners:

What Stables and Owners Should Know About Resolving Past-Due Board Disputes

Julie I. Fershtman — Thu, 17 Nov 2016 09:00:03 -0500

If you’re a horse boarding stable, it’s a matter of time until you encounter a customer who falls behind on board payments. Here are some ideas for owners and stables.

“Setbacks” And Equine Fencing

Julie I. Fershtman — Wed, 02 Nov 2016 09:00:04 -0400

“Jane,” a horse owner found her dream property. The house was just her size. Never before was a horse stabled on the property, but there was a storage barn that, Jane thought, could easily be converted into a horse barn, and the surrounding land could be fenced for pasture. Jane bought the property. Soon after, she built a stall in the barn, set up fencing, and moved in her horse.

Within a few weeks, however, a serious problem occurred. Jane received a notice from the city ordering her to remove her pasture fencing because it violated the local zoning ordinance. That ordinance required fences to be set back a specific distance from the property line. Adding to the problem, once Jane read the ordinance, she discovered that compliance with it would reduce her pasture to the size of a dog run. Her plans for a stable on her property were doomed.

Communication Can Save Lives and Avoid Horse Boarding Disputes

Julie I. Fershtman — Wed, 05 Oct 2016 09:00:05 -0400

Never did the stable owner expect to be sued. A horse in his care became injured in the pasture, with a large wound, but the stable owner thought he had it under control. He dressed the wound, gave the horse a penicillin shot using old medication in the barn refrigerator, left the horse in the stall for a few days to rest and recover, and gave the horse only quick checks in the days that followed. There was no need to call a veterinarian, he thought. Several days later, however, the horse’s condition worsened to a very serious point, and by the time a veterinarian was summoned, the horse had to be put down. It turned out that the cut was more severe than the stable owner thought, and the penicillin was unsuitable for the horse. At the very end, a surprised horse owner received the call that the horse was gone.

Can You Release Equine Activity Liability Act Liabilities? The Answer May Surprise You

Julie I. Fershtman — Wed, 21 Sep 2016 09:00:06 -0400

Courts in most states have shown a willingness to enforce liability waivers/releases – as long as the court was convinced that the documents were properly worded and signed. In the 47 states with Equine Activity Liability Acts (all states except for California, Maryland, and New York), can a pre-incident waiver/release, signed by the claimant, waive a claim based on the statute?

Over the years, courts in several states have explored this question. Most courts have answered “YES.”

Montana Amends Its Waiver Law

Julie I. Fershtman — Wed, 07 Sep 2016 09:00:07 -0400

Last year, a new law took effect in Montana that allows waivers/releases to be enforceable, except against claims of gross negligence or against defective equipment claims. The new law, Montana Code Anno. § 27-1-753, states:

Do “As Is” Clauses in Sales Contracts Prevent All Lawsuits?

Julie I. Fershtman — Wed, 24 Aug 2016 09:00:08 -0400

Equine sales agreements sometimes include the words "as is" and "with all faults.” Sellers use these phrases with the hope of preventing buyers from bringing claims and lawsuits in an effort to reverse the sale. Do these words stop all sales-related lawsuits?

The answer is “no.”

Trainer Liabilities for Horses in Their Care and How Trainers and Horse Owners Can Protect Themselves

Julie I. Fershtman — Wed, 10 Aug 2016 09:00:09 -0400

Dan hired a trainer, Sarah, to train his horse and haul it to a few shows during the year. While under Sarah’s care, however, Dan’s horse colicked, and a veterinarian had to put the horse down. Should Sarah, the trainer, be responsible for paying for the loss of Dan’s horse and his vet bills?

What the Law Expects of a Trainer’s Services

When a person, such as Dan, leaves a horse with a trainer for care, keeping, and training, the law generally requires the trainer to use “reasonable care” in carrying out these tasks. This means that the trainer must use the degree of care that a prudent and careful trainer would use in similar circumstances.

Clients like Dan who bring claims against their trainers for injuries to or losses of their horses must prove that the trainer somehow fell short of this standard, that the trainer's failings were the legal cause of the horse’s demise, and that the trainer should be legally accountable for damages that resulted.

Can You Repossess a Horse When the Buyer Fails to Pay?

Julie I. Fershtman — Wed, 27 Jul 2016 09:00:10 -0400

Can a horse seller repossess a horse if the buyer has failed to pay in full? We receive this question frequently, but the answer is more complicated than you might think.