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Showing 9 posts from August 2011.

Lawsuits for Defective Equine Products

Disputes involving defective horse feed have, in some instances, turned into lawsuits.  Several years ago, I worked on a case where a horse died from blister beetle poisoning, and the horse owners sued a product manufacturer, the hay grower, and the hay seller.

“Blister beetle poisoning” is a type of poisoning that can result when a horse ingests a number of beetles called “blister beetles.”  In the tissue of these types of beetles is a toxic substance called “cantharidin.”  Blister beetles sometimes swarm in or near alfalfa fields in certain regions of the United States, typically the Southwest, and at certain times of the year.  When those alfalfa fields are cut and baled for hay, blister beetles sometimes get caught in the hay and are not always immediately visible.  Later, horses eating the hay might ingest blister beetles.  Some will die or become seriously injured. Read More ›

Categories: Liability

Horse Tip Daily #488 - Equine Liability Part #2

This covers practical suggestions for avoiding liability in equine and equestrian activities.

Listen to a recording of the radio broadcast

Categories: Liability, Radio Broadcasts

Veterinary Malpractice - More Complex Than You Think

Veterinary malpractice cases are filed far less frequently than medical malpractice cases.  Why?  The tremendous expense and effort associated with malpractice cases often prompts people to take no legal action, purely out of economic concerns.  Also, the law looks at animals, and their values, in a different way than animal enthusiasts do; as a result, almost every state will award significantly less if the case involves veterinary malpractice than it would award if the matter involved an injured human. Read More ›

Categories: Liability, Veterinary Malpractice

Horse Tip Daily # 487 - "Equine Liability Part #1"

This segment addresses equine and equestrian liabilities in a general way as well as state Equine Activity Liability Acts.

Listen to a recording of the radio broadcast

Categories: Liability

Do You Need a Liability Release?

Your facility posts “warning” signs, and your state has enacted an equine activity liability law.  Do these make liability waivers/releases unnecessary?

The Difference Between a Sign and a Release

Important differences exist between “ride at your own risk” sign and a release of liability that is legally valid, well-written, and properly signed.  Certainly, the sign may announce the facility’s interest in limiting its liability, but it is rarely enough to fend off a lawsuit when something goes wrong.  Also, my many years of handling equine-related injury cases around the country tells me that after an incident arises, the injured person will often deny ever seeing or reading the sign. Read More ›

Categories: Liability

Horse Tip Daily #483 - "When Clients Don't Pay"

Our challenging economy has taken its toll on equine businesses, many of which are seeing unprecedented numbers of clients who cannot afford to pay their boarding fees.  Does the law allow the stable to sell off a horse for non-payment?  What are the stable's rights?  This podcast explores state laws to prevent stables, owners, and purchasers from costly civil – and criminal – legal battles.

Listen to a recording of the radio broadcast

Categories: Boarding, Radio Broadcasts, Sales/Disputes

Horse Tip Daily #480 - "Keeping a Peaceful Equine Neighborhood"

This radio broadcast addresses practical suggestions for horse owners and stables to maintain the right to keep horses in their communities.  At a time when urban sprawl has placed retail developments and subdivisions near established horse facilities, this topic is timely and informative.

Listen to a recording of the radio broadcast

Categories: Radio Broadcasts

Who Needs Workers' Compensation Insurance?

A barn worker, while driving to the feed store to pick up a load of grain, is injured in an auto accident.  A stable employee gets kicked in the head while pasturing a horse.  Both have huge medical bills, and it will be months before either can return to work.  This article generally explores the law of workers' compensation. Read More ›

Categories: Insurance, Liability

Do Registration Papers Prove Ownership of a Horse?

Many people believe that the one who is named on a horse’s registration papers is the horse’s true owner.  This issue is not only important in sales settings but also in liability settings, as well.

Courts in a few states have examined the issue of whether registration papers prove ownership and have held that the name appearing on a horse’s registration papers may not necessarily be the name of the horse's true owner.  In essence, these courts have recognized that differences exist between registration papers and a title to a car.  There are several reasons for this; here are two: Read More ›

Categories: Liability, Sales/Disputes

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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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