Equine Law Blog
In January 2013, I was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York State Bar Association. Attendees raised several questions, and some of them are shared on this blog.
Question:
Should the boarding stable specifically ask the owner to disclose a horse’s known “aggressive behavior” (which may, of course, be manifested in biting and kicking)?
Answer:
The answer, in my opinion, depends on the preferences of the individual boarding stable owner. Boarding contracts that I draft typically contain a section in which the customer is asked to advise the stable of any unique tendencies, habits, or vices of the horse. This allows the stable to evaluate whether it is capable of stabling and caring for the horse.
Also, in boarding contracts that I have drafted for stables, I’ve always specified the amount of advance notice that either party must give the other to terminate the contract, with an exception. That is, I prefer to give the stable discretion to terminate the contract quicker than the designated time frame (such as a few days or a week, depending on the stable’s preferences) if significant issues should arise during the boarding relationship such as dangerous tendencies of the horse, or others.
ShareholderJulie Fershtman is considered to be one of the nation's leading attorneys in the field of equine law. She has successfully tried equine cases before juries in four states. A frequent author and speaker on legal issues, she has written ...
