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Do-It Yourself Equine Contract Blunders

Horse owners are, in large part, self-reliant people. They train their own horses, fix their own equipment, and some even do their own hoof trimming and routine vaccinations. When people try to take legal matters into their own hands, however, problems sometimes occur. Here are some examples taken from real cases:

Nobody Filled in the Most Important Blank

I assisted years ago on a lawsuit in Minnesota where the riding stable found its release of liability in a form book, where the facility only needed to fill in the blanks as to whom was being released from liability. The problem was, the facility added its name to the top of the document, but in the section where the signer agreed to release the facility, the stable forgot to fill in the blank. The document effectively stated that the signer was releasing ___ (blank)___. Only when an injured riding student filed a lawsuit was the problem discovered.

Updated Business Operation – Outdated Release Form

A Wisconsin case from 1998 involved a public riding stable with the business name of “Mrotek’s, Inc.,” that required its customers to sign liability release forms before each ride. After an injured customer filed a lawsuit against the stable, the release’s faulty drafting was uncovered. That is, although the release mentioned the defendant’s corporation, Mroteks, Inc., in the first sentence, the exculpatory language found further within the document released only “Helen Mrotek” (individually) from liability. Nowhere did the release mention that the signer was also releasing the corporation under whose name Mrs. Mrotek did business. Because of this perceived deficiency, the court held that the litigation could proceed.

The case was: Park-Childs v. Mrotek’s, Inc., 578 N.W.2d 210 (Wisc. App. 1998).

Conclusion

Liability release documents can be powerful, where allowed by law, as long as they are properly drafted and signed. Don’t take chances with your documents. A knowledgeable lawyer can draft or review your document.

Categories: Contracts, Liability

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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 over 400 published articles, four books, and has lectured at seminars, conventions, and conferences in 29 states on issues involving law, liability, risk management, and insurance. For more information, please also visit www.fershtmanlaw.com and www.equinelaw.net, and www.equinelaw.info.

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Contact Us - Julie Fershtman

"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs

Fershtman’s Equine Law Book Wins Fourth National Award

Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards. 

The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021 

Fershtman’s Equine Law Book Receives Third National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Equine Blog Ranked in Feedspot

Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".

Upcoming Speaking Engagements

In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:

Fershtman’s Equine Law Book Receives Second National Award

Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.

The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners

Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0

Honors & Recognitions

Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:

"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee

"Distinguished Service Award" - American Youth Horse Council

"Industry Service Award" - Michigan Equine Partnership

"Catalyst Award"- Michigan Horse Council

"Outstanding Achievement Award" - American Riding Instructors Association 

"Partner in Safety Award" - American Riding Instructors Association 

"Associate Service Award" - United Professional Horseman's Association

"National Partnership in Safety" Award" - Certified Horsemanship Association 

Some of our Equine Law Services

Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.

Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).

Defending equine/farm/equestrian industry professionals,  businesses, and associations in personal injury claims and lawsuits.

Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.

Representing and advising insurers on  coverage and policy language as well as litigation;

Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.

Representing some of the equine industry's top trainers, competitors, stables, and associations.

Counseling industry professionals, stable managers, and individual horse owners. 

THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER

Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.

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