Equine Law Blog | Foster Swift

Legal Ramifications of Providing Veterinary Advice Online

Julie I. Fershtman — Sun, 19 Dec 2021 09:00:01 -0500

What happens when people give veterinary or legal advice online – but they’re not even veterinarians or lawyers? In the horse industry, this is a surprisingly common occurrence.

Learn more by reading a new Horse Illustrated article on the subject, quoting our own Julie Fershtman: horseillustrated.com/veterinary-advice-online.

Plan Ahead When Lending or Borrowing a Horse Trailer

Julie I. Fershtman — Tue, 14 Dec 2021 09:00:02 -0500

When Sam was about to leave for a weekend horse show, he discovered that his horse trailer had a broken tail light. Realizing that the problem could not be repaired in time, he asked his neighbor, Jo, to borrow her trailer. She agreed. Within minutes, Sam hitched his truck to Jo’s trailer, unaware that her trailer’s tongue ball socket and his truck’s hitch ball were not compatible – Jo‘s trailer required a hitch with a wider ball. Later, while Bill drove down the highway, the trailer broke away from his truck, injuring his horses, breaking a fence, injuring motorists, and destroying Ann’s trailer.

Lending your trailer may seem to be a simple and friendly accommodation, but accidents can occur and the risk of liability is always present. Insurance issues add to the complexity. Never assume that everyone’s insurance policies protect them against the worst case scenario.

Our State Has No Equine Activity Liability Act – Are We Worse Off?

Julie I. Fershtman — Thu, 11 Nov 2021 09:00:03 -0500

48 states across the country have some form of an Equine Activity Liability Act (as of May 2021). Are people in the two states without such a law – California and Maryland – worse off? If two recent California cases are any indication, courts have shown a willingness to dismiss lawsuits involving people who died in horse-related activities, even without an equine activity liability act.

Equine Health Maintenance Programs at the Boarding Stable – What’s Best?

Julie I. Fershtman — Tue, 05 Oct 2021 09:00:04 -0400

Teenagers, when they learn to drive, are sometimes cautioned that they’re actually driving five cars at once – cars in front of them, behind them, and on either side in addition to the car in which they’re seated – and must watch all of them to protect their safety. In a roughly comparable way, those who board their horses at other peoples’ stables have every incentive to be watchful of the other horses on the property. Knowing that all the horses are current on their de-wormings and vaccinations can be just as important as making sure that your own horse stays on schedule. All it takes is one horse with a contagious illness, such as strangles, to cause disastrous problems throughout the whole barn.

What’s the Problem with Verbal Contracts?

Julie I. Fershtman — Wed, 08 Sep 2021 09:00:05 -0400

For decades, this author has written articles on the importance of getting equine-related agreements in writing. Some of the articles even shared common characteristics of effective contracts. Still, people in the horse industry continue doing business with nothing in writing, and disputes have occurred. This article explores what can potentially happen when verbal contract disputes become the subject of a legal battle.

Unique Liability Risks Involving Minors

Julie I. Fershtman — Tue, 03 Aug 2021 09:00:06 -0400

This year, I was invited to speak at the American Youth Horse Council’s Virtual Symposium on the topic of “Unique Equine Liability Risks Involving Minors - What They Are and How to Protect Yourself.” This article summarizes my remarks.

Children and horses have a strong bond. Many of us developed our passion for horses when we were young children. Those who provide horse-related activities for children, such as riding instructors and camps, face unique risks because the law looks at children differently than adults.

Contracts Can Save Lives: How Boarding Contracts Can Handle Horse Emergencies

Julie I. Fershtman — Thu, 01 Jul 2021 09:00:07 -0400

A boarded horse colics severely and requires emergency surgery, but the boarding stable cannot reach the owner to consent. Days earlier, the owner left for a vacation in a remote place with no phone or internet access. Despite hours of effort, the stable cannot find the horse owner. Finally, with no way of knowing whether the owner will approve costly surgery, the stable directs the veterinarian to euthanize the suffering horse.

A week later, the owner returns from vacation, only to find that her horse is gone. Then, when she submits a claim with her equine insurer, the company denies her insurance claim because the owner violated the insurance policy's condition to give the insurer timely notice of the horse's illness and death.

Although emergencies are a foreseeable part of horse ownership, the rest of this scenario could have been avoided, as this article explains.

The Seller’s Contract Includes an “As Is” Disclaimer – Now What?

Julie I. Fershtman — Wed, 02 Jun 2021 09:00:08 -0400

Before a horse sale concludes, the seller asks the buyer to sign a written sale contract that includes an “as is” disclaimer. Should the buyer sign the contract? And if the seller refuses to negotiate a removal of that disclaimer, should the buyer walk away from the transaction? Not necessarily.