Equine Law Blog | Foster Swift

New York is 48th State to Enact an Equine Liability Law

Julie I. Fershtman — Tue, 31 Oct 2017 09:00:01 -0400

On October 23, 2017, New York Governor Andrew Cuomo signed into law that state’s version of an equine activity liability law. The law took immediate effect.

Dog Bite Liability – What Horse Owners and Stables Should Know

Julie I. Fershtman — Mon, 18 Sep 2017 09:00:02 -0400

Horse owners are often dog owners. While horse owners may concern themselves with liabilities associated with horse ownership, they may lose sight of liabilities associated with their dogs. Dog bites can cause serious injuries, and litigation can follow.

Fine Tune Your Equine Lease to Avoid Legal Battles

Julie I. Fershtman — Wed, 30 Aug 2017 09:00:03 -0400

Equine-related leases have been increasingly popular. In the horse industry, lease arrangements include horse leases, pasture leases, breeding stock leases, barn or facility leases, and others. Disputes sometimes do occur, however, generating time-consuming and expensive lawsuits.

Should You Buy a Horse Sight Unseen?

Julie I. Fershtman — Wed, 07 Jun 2017 09:00:04 -0400

People occasionally buy horses, sight unseen, based on an ad over the Internet or the recommendation of a friend. Many buyers are completely satisfied with their purchases. Unfortunately, some are not. Legal disputes sometimes follow from settings like these:

Equine Contracts and Genetic Conditions: Horse Owners Beware

Julie I. Fershtman — Wed, 26 Apr 2017 09:00:05 -0400

Because some horse breeds are known to be predisposed to certain genetic conditions, mare owners typically scrutinize the risks before making breeding decisions. They evaluate stallions’ histories, offspring, conformation, health and pedigrees. As a 2016 Texas case showed, mare owners should also pay attention to the language in the breeding contracts they sign.

What is an “Inherent Risk” With Horses?

Julie I. Fershtman — Fri, 14 Apr 2017 09:00:06 -0400

Nationwide, 47 states now have some form of an equine activity liability act (“EALA”). All of these laws differ, but most share common characteristics. EALAs often provide that “equine activity sponsors,” “equine professionals,” or “another person” are not liable if the “participant” sustained injury, death, or damage as a result of an “inherent risk of equine activity.” Georgia’s EALA, for example, defines “inherent risk” this way:

Half Lease - Whole Problem

Julie I. Fershtman — Thu, 30 Mar 2017 09:00:07 -0400

The words “half lease” seem unique to the horse industry. In law school, this lawyer never heard the phrase mentioned, and the authoritative legal dictionary, Black’s Law Dictionary, nowhere mentions it. Yet, people in the horse industry, with greater frequency, are entering into arrangements they call “half leases” through which one or more persons (the “lessees”) pay a horse owner (the “lessor”) for shared use of the horse. “Half lease” arrangements might seem budget-friendly, but without careful planning, they could be quite the opposite as disputes could follow.

I’m Not a Boarding Stable, BUT …

Julie I. Fershtman — Thu, 16 Mar 2017 09:00:08 -0400

A backyard horse owner named Jane boards a few horses during the winter. Jane’s facility has box stalls and an indoor arena, making it desirable during the snowy winter months where Jane lives. Jane doesn’t view her activities as a business. She views herself as earning some extra money and helping friends.

What could go wrong? Plenty.

Colorado Appellate Court Strikes Down Recreational Liability Release: Ruling Could Impact Stable/Equine Professional Releases

Julie I. Fershtman — Wed, 15 Feb 2017 09:00:09 -0500

Individuals and businesses in the horse industry rely on waivers/releases as part of their risk management programs. We’ve written for years that most states nationwide have shown a willingness to enforce these documents – if they are properly worded and signed. Colorado is among those states.

New Jersey Court Dismisses Lawsuit against Stable Brought by Injured Visitor

Julie I. Fershtman — Wed, 01 Feb 2017 09:00:10 -0500

Injured Child Visiting Stable with Family Was Still a “Participant” Under Equine Activity Liability Law

As of January 30, 2017, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act (“EALA”). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.”