Showing 53 posts from 2012.
A 2001 case involved the plaintiff, a highly experienced trick rider, who was dragged from her horse and injured while engaging in trick riding activity. She sued the saddle manufacturer, Weaver Leather Goods, claiming that an off-billet on the saddle was defective. Her lawsuit claimed that the saddle maker violated a provision of the Tennessee Uniform Commercial Code by breaching an implied warranty of fitness for a particular purpose. She also sued for products liability and failure to warn. Read More ›
The holiday season is here, and many stables around the country are hosting their annual year-end parties for customers and friends. But celebrations can quickly turn to tragedies. Here are some suggestions to avoid liability: Read More ›
Once you have presented your liability release form to a new customer, how much time is enough time to allow him or her to read the document before signing? In some states, when the enforceability of a liability release is at issue, courts have focused on the amount of time given to the signer before executing the document.
Is “two seconds” enough? Read More ›
Equine facilities nationwide have encountered the problem of busy parents who allow babysitters, non-parental relatives, or family friends to drive their children for riding lessons. Can a babysitter, relative, or family friend sign a liability release on behalf of the child?
Legally, no. Why? Read More ›
A teenager, 17 years old, drives herself to your stable and expresses an interest in buying or leasing one of your horses. She is old enough to drive a car, but is she old enough to enter into a contract with you?
The answer is no. Unless she has reached the age of majority in the applicable state, she does not have the legal capacity to enter into a contract with you. Read More ›
Part one of this series explored the buyer's legal rights against sellers who fail or refuse to provide breed registration papers. This part examines suggestions for buyers to consider in an attempt to avoid equine registration paper disputes. Read More ›
Two months ago you bought the mare you always wanted. Your goal was to win championships in breed-recognized horse shows and then retire the mare for breeding. A terrible problem has derailed your plans: The seller will not transfer the horse's registration papers into your name. Your arsenal of weapons is limited -- there is no written sales contract, but you recall the seller promising to send you the horse's papers "right away" the day you gave him your money (a promise he now denies ever making).
What are the buyer's options in these types of situations? Here are a few of them: Read More ›
Over the years, horse sellers have entered another’s property, such as a private barn or pasture, in an attempt to repossess a horse, only to face costly legal battles and sometimes even criminal charges of trespass and theft, as a result.
Here are suggestions for avoiding equine installment sales disputes. Read More ›
Here are common risks involving installment sales. Part III addresses ways to minimize them.
1) The Buyer Stops Making Payment
The most common risk of an installment payment arrangement is also the most foreseeable – the buyer stops paying. Horse owners, unlike banks, put themselves at greater risk of encountering this problem because they fail or refuse to gather important information about the creditworthiness of a buyer, even if the buyer is a total stranger. Read More ›
Banks do it. Credit card issuers do it. Horses can be expensive, and buyers often ask sellers to spread out their payments over months, or even years. Should you, the horse seller, do it? Read More ›
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 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
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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