
Equine Law Blog
We occasionally receive calls from people exploring new equine businesses. A few have expressed interest in caring for horses belonging to people who are away or on vacation. What should they consider? Here are a few ideas.
Risks and Problems for Equine Care Givers
Roving equine care givers face problems and risks, such as:
- An unhappy customer might accuse received the care giver of feeding the wrong ration that caused a horse to colic and die.
- After the care giver leaves, one or more of the horses might somehow escape and collide with vehicles on the road, killing the horses and injuring or killing motorists.
- If the roving care giver hires helpers, and one of them is hurt, he or she might demand payment of medical bills and compensation.
Equine businesses, with careful planning, can think of possible risks and plan ahead to respond to the liabilities they could bring. Here are some ideas:
Liability Insurance
Proper liability insurance is important. Because of the risks involved, customers hiring the roving care givers would be wise to ask for proof of proper liability insurance. Discuss your specific insurance needs with a knowledgeable insurance agent.
Contracts
Roving equine care givers could benefit from contracts. For example:
Basic Service Contract
A simple service contract can list basic services that will be provided, how often (such as dates and hours of service), fees, emergency contact information, details about the horses to be cared for (including unique vices or habits, special veterinary needs, allergies, preferred veterinarians, equine insurance information and emergency contact numbers), authorization to arrange emergency veterinary care, and much more.
Employment Arrangements
Is the roving care giver an independent contractor? The contract can specify whether the worker is operating under an employment arrangement or an independent contractor arrangement. Although there is never a guarantee that a court, or even the IRS, will accept and enforce the agreement, it could be worth the effort. Asking your lawyer can potentially save a lot of money in the future.
If you have questions, please let me know.
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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 ...