Julie Fershtman’s Second Equine Law Court Victory in 2014
Within just four months, Julie Fershtman, a shareholder at Foster Swift, has secured two summary judgment courtroom victories in favor of her equine industry clients. The first occurred in April 2014, when she won a case for a private lesson stable that was sued for personal injuries by a visitor who was injured in a barn aisle. The latest victory occurred on July 30, 2014, when Fershtman defended a private, family-owned horse breeding farm.
Julie’s latest courtroom win involved a case where the plaintiff, a professional horse trainer, performed chores at a private breeding farm for a few hours on certain days of the week and occasionally rode their horses. One of the horses the plaintiff rode was a young, green broke Paint horse stallion. The plaintiff rode this horse in a round pen on three occasions, without any problems. On her fourth ride in the round pen, however, the plaintiff claimed that the ride was proceeding well until the horse saw one of the stable owners walking on the property. Moments after the stallion saw the stable owner the plaintiff claimed the horse bucked and, after she jumped off, trampled her.
In the lawsuit, the plaintiff claimed that the farm owners were negligent for allowing her to ride the stallion and for not warning her that the horse would misbehave when one of the farm owners was in the area. She also raised a claim of premises liability.
Fershtman argued that the plaintiff’s lawsuit should be dismissed because the plaintiff failed to prove that the stallion had any propensities to injure anybody or that the farm owners knew or should have known of any dangerous propensities. Although the plaintiff claimed that the stallion misbehaved and injured her in response to a farm owner being in the area, the plaintiff also admitted that a horse can misbehave for any reason. In addition, the plaintiff could not explain why the horse acted calmly and stood quietly when the very same person came to her assistance after she was injured. In requesting dismissal of the premises liability claims, Fershtman argued that the plaintiff failed to prove any dangerous condition of the land and that a saddle horse was not a “condition” of land. The Court agreed with Fershtman that all claims in the case should be dismissed.
To learn more about this ruling or Foster Swift’s Equine Law services, please contact Julie Fershtman at email@example.com.
Julie 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 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.View All Posts by Author ›
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"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".
- Workers' Compensation
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- Animal Abuse
- Department of Labor
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- Veterinary Malpractice
- Employee Handbook
- Zoning & Land Use
- News & Events
- Labor Relations
- Radio Broadcasts
Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
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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