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Showing 39 posts from 2011.

Can You Buy and Sell an Unborn Foal?

A mare is in foal, and the mare/prospective foal owner sells the foal months before the foal is born.  These arrangements occur with some frequency in the equine industry. In these unique arrangements, a carefully worded contract is important for a few reasons: Read More ›

Categories: Sales/Disputes

Should Stables Allow Roving Riding Instructors to Do Business on Their Property?

Many riding instructors have no home base but, instead, do business by traveling from stable to stable.  The problem is, stables put themselves at risk of liability by providing facilities for lessons.  What should stables consider when they are approached by instructors who seek to give lessons on stable’s property? Read More ›

Categories: Insurance, Liability, Regulatory

Part 2: What Can The Boarding Stable Do With an Abandoned Horse?

When boarding stables are not paid, they sometimes ask for trouble by taking matters into their own hands without following the law.  For example, some have been known to give away the boarded horses, sell them to offset the debt, or place the horses in their lesson program without first receiving clear permission from the horses' owners.  These actions are usually illegal.

Stables that accept horses for boarding and keeping do not automatically own them when board is unpaid. To become the owner, the stable must follow the law.  Depending on state law, legal action that can include: Read More ›

Categories: Boarding, Contracts

Equine Activity Liability Laws and Horse-Drawn Carriages

Does an equine activity liability law apply to the setting of passengers who are injured during a horse-drawn carriage ride?  Nationwide, courts cannot agree. Read More ›

Categories: Liability

Part 1: What Can The Boarding Stable Do With an Abandoned Horse?

In these difficult economic times, boarding stables nationwide are struggling to get their clients to pay.  Stables can be asking for trouble, however, when they make their own conclusions that a horse is abandoned due to unpaid board and then take matters into their own hands without following the law. Read More ›

Categories: Boarding, Contracts, Liability

Should You Take in Boarders for Extra Income?

In these challenging financial times, people sometimes consider making extra money by taking in boarders. Plan ahead and understand the risks. The arrangement could be far more complex and costly than you think. Read More ›

Categories: Boarding, Insurance, Liability, Zoning & Land Use

Boarding Stable Liability When Horses Die in a Barn Fire

The setting is tragic.  The boarding stable catches fire and horses perish.  Is the stable liable?

Merely because a boarding stable’s barn has caught fire, injuring or killing horses inside, does not necessarily mean that the stable is automatically liable for the consequences. Read More ›

Categories: Boarding, Liability

Equine Liability Laws: Examples of How They Differ

As of October 2011, 46 states have some sort of an equine activity liability law on the books.  Many assume they are all the same.  They are not.  While many share common characteristics, all of them differ.  Here are two examples of how the laws differ: Read More ›

Categories: Liability, Regulatory

Upcoming Webinar - "A Look at Recent Equine Lawsuits and How They Affect Horse Professionals"

Equestrian Professional Webinar

There have been several recent equine cases whose rulings are of interest (and extreme importance) to horse professionals. During this webinar, I will discuss the key issues and the legal precedents these cases are likely to set.

In order to keep your business, horses, customers and assets safe, it is essential to stay abreast of how the courts are interpreting current equine laws and be informed about any new laws.

Date

November 14, 2011

Time

8:00 p.m. Eastern (7:00 p.m. Central & 5:00pm Pacific)

Register

Click here

"A Look at Recent Equine Lawsuits and How They Affect Horse Professionalsis free to all horse professionals and can be attended via telephone or computer.  Register TODAY! Once you get your own spot reserved, please share this with your friends in the horse business. The more we know - the more the equestrian community can grow!

Click here for more information on www.equestrianprofessional.com.

Categories: Insurance, Liability

Do You Need Umbrella Insurance?

Judgments, suits, or settlements seeking millions of dollars are not common, but they can occur.  Many people want to be prepared for this ever-present risk by purchasing extra insurance coverage through an umbrella liability insurance policy.  Is this coverage right for you? Read More ›

Categories: Insurance, Liability

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Our Equine law blog (and its author) in the news!

Julie Fershtman, author of our popular and prolific Equine Law Blog, was interviewed by the State Bar of Michigan. The interview, which called Fershtman "Lawyer-Blogger," discussed our Equine Law Blog. We truly believe that this blog is the nation's most active blog serving the equine industry on equine law topics, and we thank you for visiting it. Read more here.

Honors & Recognitions

Equine lawyer, Julie Fershtman, has recieved 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 

What our Equine Law Services can Provide

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 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, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Morgan Horse Association 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.

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Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers