Equine Law Blog

Julie Fershtman is speaking at the National Conference on Equine Law in Lexington, Kentucky on May 1, 2025. Her topic is Products Liability in the Equine Industry.

Foster Swift shareholder Julie Fershtman is a speaker in a national CLE webinar program titled “Equine Law Essentials: Liability, Risk Management, and Tax Strategies.” 

The United States Hunter-Jumper Association (“USHJA”) has asked Foster Swift shareholder, Julie Fershtman, to present a webinar on equine-related liability issues. Her first presentation is titled: “Understanding Equine Liability and How to Avoid Disputes with Insurers.”

June 28^th is National Insurance Awareness Day. Certainly, people in the equine industry may be aware that they have liability insurance, but they sometimes forget to assess whether they have the right insurance. National Insurance Awareness Day offers an annual reminder to review, understand, and update your insurance policies. 

Courts nationwide have grappled with the meaning of equine activity liability laws – especially their exceptions. Exceptions in the laws are important as they could potentially allow certain lawsuits to proceed. Although all of the equine activity liability acts (referred to as “EALAs”) differ, many share common characteristics. Several include an exception for a “dangerous latent condition of the land.” This article explores how the exception has been faring in the courts.

Equine sales are on the upswing these days, and many believe we’re now in a seller’s market, with high prices and eager buyers. As a busy lawyer with over 35 years of experience, my phone rings frequently with calls from horse buyers or sellers who are considering a lawsuit or who have been threatened with one. 

Presented by Equestrian Professional, equine attorney Julie Fershtman will be speaking on How Equine Professionals Can Avoid Payment Disputes and Handle Them Legally if They Occur.

Your club or association wants to organize a horse show or clinic. These events, your group believes, will boost publicity, increase membership, and generate extra money. Usually the event is a success, leaving happy memories and satisfied participants. But sometimes, things can go wrong, such as:

What happens when people give veterinary or legal advice online – but they’re not even veterinarians or lawyers? In the horse industry, this is a surprisingly common occurrence.

Learn more by reading a new Horse Illustrated article on the subject, quoting our own Julie Fershtman: horseillustrated.com/veterinary-advice-online.

When Sam was about to leave for a weekend horse show, he discovered that his horse trailer had a broken tail light. Realizing that the problem could not be repaired in time, he asked his neighbor, Jo, to borrow her trailer. She agreed. Within minutes, Sam hitched his truck to Jo’s trailer, unaware that her trailer’s tongue ball socket and his truck’s hitch ball were not compatible – Jo‘s trailer required a hitch with a wider ball. Later, while Bill drove down the highway, the trailer broke away from his truck, injuring his horses, breaking a fence, injuring motorists, and destroying Ann’s trailer.

Lending your trailer may seem to be a simple and friendly accommodation, but accidents can occur and the risk of liability is always present. Insurance issues add to the complexity. Never assume that everyone’s insurance policies protect them against the worst case scenario.

48 states across the country have some form of an Equine Activity Liability Act (as of May 2021). Are people in the two states without such a law – California and Maryland – worse off? If two recent California cases are any indication, courts have shown a willingness to dismiss lawsuits involving people who died in horse-related activities, even without an equine activity liability act.

Teenagers, when they learn to drive, are sometimes cautioned that they’re actually driving five cars at once – cars in front of them, behind them, and on either side in addition to the car in which they’re seated – and must watch all of them to protect their safety. In a roughly comparable way, those who board their horses at other peoples’ stables have every incentive to be watchful of the other horses on the property. Knowing that all the horses are current on their de-wormings and vaccinations can be just as important as making sure that your own horse stays on schedule. All it takes is one horse with a contagious illness, such as strangles, to cause disastrous problems throughout the whole barn. 

For decades, this author has written articles on the importance of getting equine-related agreements in writing. Some of the articles even shared common characteristics of effective contracts. Still, people in the horse industry continue doing business with nothing in writing, and disputes have occurred. This article explores what can potentially happen when verbal contract disputes become the subject of a legal battle.

This year, I was invited to speak at the American Youth Horse Council’s Virtual Symposium on the topic of “Unique Equine Liability Risks Involving Minors - What They Are and How to Protect Yourself.” This article summarizes my remarks.

Children and horses have a strong bond. Many of us developed our passion for horses when we were young children. Those who provide horse-related activities for children, such as riding instructors and camps, face unique risks because the law looks at children differently than adults.  

A boarded horse colics severely and requires emergency surgery, but the boarding stable cannot reach the owner to consent. Days earlier, the owner left for a vacation in a remote place with no phone or internet access. Despite hours of effort, the stable cannot find the horse owner. Finally, with no way of knowing whether the owner will approve costly surgery, the stable directs the veterinarian to euthanize the suffering horse.

A week later, the owner returns from vacation, only to find that her horse is gone. Then, when she submits a claim with her equine insurer, the company denies her insurance claim because the owner violated the insurance policy's condition to give the insurer timely notice of the horse's illness and death.

Although emergencies are a foreseeable part of horse ownership, the rest of this scenario could have been avoided, as this article explains.

Before a horse sale concludes, the seller asks the buyer to sign a written sale contract that includes an “as is” disclaimer. Should the buyer sign the contract? And if the seller refuses to negotiate a removal of that disclaimer, should the buyer walk away from the transaction? Not necessarily.

Currently, all states except for California and Maryland have some form of an equine activity liability act (“EALA”). Since the first EALA was enacted 30 years ago, courts have evaluated numerous cases involving these laws. In two recent cases, lawsuits that had been brought by people injured in horse-related activities were dismissed.

Broken pasture fences, broken gates, stall dividers kicked through, wash rack hoses and nozzles broken, stall walls bitten through, stall doors broken off of their hinges. 

For many boarding stables, breaks and damages to the property like these are to be expected. The question is, who should pay for them? How should a boarding contract address this issue?

Planning ahead for a successful 2018?  You might define “success” as great progress in your showing, breeding, training, racing, and riding. The fact is, however, that people in the horse industry still rely on handshake deals and incomplete contracts when they buy, sell, lease, board, train, haul, breed, and give instruction to others.

On October 23, 2017, New York Governor Andrew Cuomo signed into law that state’s version of an equine activity liability law. The law took immediate effect.

Horse owners are often dog owners. While horse owners may concern themselves with liabilities associated with horse ownership, they may lose sight of liabilities associated with their dogs. Dog bites can cause serious injuries, and litigation can follow.

Equine-related leases have been increasingly popular. In the horse industry, lease arrangements include horse leases, pasture leases, breeding stock leases, barn or facility leases, and others.  Disputes sometimes do occur, however, generating time-consuming and expensive lawsuits.

People occasionally buy horses, sight unseen, based on an ad over the Internet or the recommendation of a friend. Many buyers are completely satisfied with their purchases. Unfortunately, some are not. Legal disputes sometimes follow from settings like these:

Because some horse breeds are known to be predisposed to certain genetic conditions, mare owners typically scrutinize the risks before making breeding decisions. They evaluate stallions’ histories, offspring, conformation, health and pedigrees. As a 2016 Texas case showed, mare owners should also pay attention to the language in the breeding contracts they sign.

Nationwide, 47 states now have some form of an equine activity liability act (“EALA”). All of these laws differ, but most share common characteristics. EALAs often provide that “equine activity sponsors,” “equine professionals,” or “another person” are not liable if the “participant” sustained injury, death, or damage as a result of an “inherent risk of equine activity.” Georgia’s EALA, for example, defines “inherent risk” this way:

The words “half lease” seem unique to the horse industry. In law school, this lawyer never heard the phrase mentioned, and the authoritative legal dictionary, Black’s Law Dictionary, nowhere mentions it. Yet, people in the horse industry, with greater frequency, are entering into arrangements they call “half leases” through which one or more persons (the “lessees”) pay a horse owner (the “lessor”) for shared use of the horse. “Half lease” arrangements might seem budget-friendly, but without careful planning, they could be quite the opposite as disputes could follow.

A backyard horse owner named Jane boards a few horses during the winter. Jane’s facility has box stalls and an indoor arena, making it desirable during the snowy winter months where Jane lives. Jane doesn’t view her activities as a business. She views herself as earning some extra money and helping friends.

What could go wrong? Plenty.

Individuals and businesses in the horse industry rely on waivers/releases as part of their risk management programs. We’ve written for years that most states nationwide have shown a willingness to enforce these documents – if they are properly worded and signed. Colorado is among those states.

Injured Child Visiting Stable with Family Was Still a “Participant” Under Equine Activity Liability Law

As of January 30, 2017, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act (“EALA”). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.”

What is a Right of First Refusal?

Equine-related contracts sometimes include a “right of first refusal” clause that restricts how a horse can be re-sold. Through these clauses, a horse buyer agrees to give the seller an opportunity to buy back the horse later under certain specified conditions. For example, these clauses sometimes provide that if the buyer (after becoming the horse owner) later receives a legitimate offer to buy the horse and is inclined to sell, the former owner must first receive the opportunity to match that purchase offer and pay within a certain time frame.

Equine lease transactions have become increasingly popular. Surprisingly, some people continue to lease horses merely on a handshake or use very short lease agreements, only to encounter costly problems later. Over the years, several people who have contacted us with equine lease disputes wished their contract had been more detailed. Detailed contracts can help avoid disputes, which can save very substantial amounts of money.

Recognizing that equine lease transactions differ, here are a few items to consider:

Driving along a highway at night, motorists don’t expect to see herds of cattle or horses. In designated “open range” districts, however, these animals could potentially cross the road in the day or night. So what happens when motorists collide with horses or livestock in open range districts?

Open Range Laws

Nationwide, most states are NOT open range states, and horse owners are required to reasonably secure them in barns and pastures to keep them off of roadways. A few states, that include (but are not limited to) Nevada, Montana, Texas, and Idaho, allow livestock owners to allow them to roam unfenced, with some restrictions. For example, Nevada Revised Statutes Sec. 568.355 defines “open range” as “all unenclosed land outside of cities and towns upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam.” This state’s law, Nevada Revised Statutes Sec. 568.360, addresses liabilities of animal owners:

If you’re a horse boarding stable, it’s a matter of time until you encounter a customer who falls behind on board payments. Here are some ideas for owners and stables.

“Jane,” a horse owner found her dream property. The house was just her size. Never before was a horse stabled on the property, but there was a storage barn that, Jane thought, could easily be converted into a horse barn, and the surrounding land could be fenced for pasture. Jane bought the property. Soon after, she built a stall in the barn, set up fencing, and moved in her horse.

Within a few weeks, however, a serious problem occurred. Jane received a notice from the city ordering her to remove her pasture fencing because it violated the local zoning ordinance. That ordinance required fences to be set back a specific distance from the property line. Adding to the problem, once Jane read the ordinance, she discovered that compliance with it would reduce her pasture to the size of a dog run. Her plans for a stable on her property were doomed.

Never did the stable owner expect to be sued. A horse in his care became injured in the pasture, with a large wound, but the stable owner thought he had it under control. He dressed the wound, gave the horse a penicillin shot using old medication in the barn refrigerator, left the horse in the stall for a few days to rest and recover, and gave the horse only quick checks in the days that followed. There was no need to call a veterinarian, he thought. Several days later, however, the horse’s condition worsened to a very serious point, and by the time a veterinarian was summoned, the horse had to be put down. It turned out that the cut was more severe than the stable owner thought, and the penicillin was unsuitable for the horse. At the very end, a surprised horse owner received the call that the horse was gone. 

Courts in most states have shown a willingness to enforce liability waivers/releases – as long as the court was convinced that the documents were properly worded and signed. In the 47 states with Equine Activity Liability Acts (all states except for California, Maryland, and New York), can a pre-incident waiver/release, signed by the claimant, waive a claim based on the statute?

Over the years, courts in several states have explored this question. Most courts have answered “YES.”

Last year, a new law took effect in Montana that allows waivers/releases to be enforceable, except against claims of gross negligence or against defective equipment claims. The new law, Montana Code Anno. § 27-1-753, states:

Equine sales agreements sometimes include the words "as is" and "with all faults.” Sellers use these phrases with the hope of preventing buyers from bringing claims and lawsuits in an effort to reverse the sale. Do these words stop all sales-related lawsuits?

The answer is “no.” 

Dan hired a trainer, Sarah, to train his horse and haul it to a few shows during the year. While under Sarah’s care, however, Dan’s horse colicked, and a veterinarian had to put the horse down. Should Sarah, the trainer, be responsible for paying for the loss of Dan’s horse and his vet bills?

What the Law Expects of a Trainer’s Services

When a person, such as Dan, leaves a horse with a trainer for care, keeping, and training, the law generally requires the trainer to use “reasonable care” in carrying out these tasks. This means that the trainer must use the degree of care that a prudent and careful trainer would use in similar circumstances.

Clients like Dan who bring claims against their trainers for injuries to or losses of their horses must prove that the trainer somehow fell short of this standard, that the trainer's failings were the legal cause of the horse’s demise, and that the trainer should be legally accountable for damages that resulted. 

Can a horse seller repossess a horse if the buyer has failed to pay in full? We receive this question frequently, but the answer is more complicated than you might think.

Your club or association wants to organize a horse show. Or, your club wants to hold a clinic and invite a nationally known trainer to offer tips on training, showing, or horsemanship skills to members and guests, many who bring horses to the event. These events, your group believes, will boost publicity, increase membership, and generate extra money.

Things can go wrong, however. Is your club prepared for these:

When an equine activity liability statute is amended, are the amendments retroactive to the date when the law was initially passed?  Or, do the amendments take effect going forward? 

If an equine-related accident occurs before an equine activity liability act becomes the law, can the court apply the (after-enacted) law?

Courts around the country have examined these issues. This article addresses two cases.

Cindy and Sam have been long-time friends and once rode together. Now, as Sam recovers from a serious illness, his barn has been empty. He once enjoyed looking out at the horses in his pasture. He approached Cindy with an offer to stable her horses on his property for free, as long as she takes care of her horses at her own expense.

People sometimes enter into arrangements like this, but what are the legalities? What can Cindy and Sam do to protect themselves?

Memorial Day weekend was a time for parades. Horses in parades have brought injuries and litigation.     

Several years ago, an injured Iowa parade spectator filed a lawsuit after being struck by a pony in the parade. The parade spectator wanted to cross the street while the parade was in progress. Before an organized group of horses approached, she perceived a “break” in the parade and then crossed the street while carrying a lawn chair. The chair spooked one of the ponies in the parade. This pony, at the time, was being ridden by two children, ages 4 and 8, but nobody led the pony on foot. When the pony spooked, it bolted, threw the children, and knocked over the spectator. 

Should your stable have rules? Stable rules list the various policies and regulations governing activities on the property. In developing and posting them, stables try to establish limits for customers and visitors, set expectations, and promote safety. Stables have every incentive to develop, post, use, and update rules. 

For years, we have written about the importance of liability releases used by horse owners, instructors, trainers, stables, and others in the equine industry. Stables that use boarding contracts without proper release clauses could be missing a valuable opportunity to manage their risks. Two cases help illustrate why.

Julie Fershtman, our Equine Law practitioner, is speaking at the 31^st Annual National Conference on Equine Law in Lexington, Kentucky, on the topic of liability releases in equine activities. Today’s blog post shares some of her upcoming remarks.

In equine-related lawsuits, parties often hire expert witnesses to testify at trial. Experts are sometimes called upon to testify about a party's compliance (or lack of compliance) with a standard of care. The role of an expert witness is to assist the judge and jury in understanding key issues in a case. For example, an expert can be asked to testify if the equipment used by a riding instructor was properly selected for the horse and rider.

For trial lawyers handling Equine Law cases, among the most difficult tasks is selecting the right expert witness for a case. In a well-known equine case from Minnesota, the Court refused to allow a party's proposed equine expert witness to testify. The Minnesota Supreme Court ultimately upheld that judge's ruling and affirmed the striking of that expert from testifying.

Many people sell their horses on an installment basis or lease out their horses to others for a span of months or years. Frequently, these arrangements are mutually beneficial. But problems can, and do, occur – and they're sometimes very serious. Careful advance planning could either eliminate these problems or reduce their severity.

Rider rents a horse from a stable, instructor, or dude ranch. Rider falls and is hurt, allegedly due to saddle that slipped. Rider sues, alleging that the provider improperly secured the saddle on the horse.

What happens next? Who is liable? Over the years, numerous lawsuits have been brought based on equestrian injuries blamed on saddles that were allegedly defective or improperly tightened. 

Can a disabled teenager keep a miniature horse in an urban location as a “service horse”? That was the issue in an interesting lawsuit that was decided last year by a federal appellate court in Ohio.

At issue was a Blue Ash, Ohio city ordinance banning horses from residential property. Allegedly acting in response to complaints from neighbors about unsanitary conditions and offensive odors created by the horse, the city wanted residents (Anderson and her daughter) to remove a miniature horse from their property, and it brought criminal charges against Anderson. She and her daughter fought back.

We'd love to be considered as your next attorney. But we also care deeply about the continued strength and viability of the equine industry and hope that you don’t need us. Legal disputes are expensive to resolve, but careful planning can either prevent them completely or narrow them considerably. We offer some general ideas to help you plan for a dispute-free year:

The nation's first Equine Activity Liability Act was enacted in 1989. Now, 47 states (all except California, Maryland, and New York) have them. All of these laws differ. With the passage of time, questions have emerged about how these laws work and what they do. Julie Fershtman, who is widely considered to be the nation's most experienced and knowledgeable lawyer regarding these laws, explained them in a webinar earlier this week for www.equestrianprofessional.com. Here are some of her remarks.

Equine Activity Liability Acts, now in 47 states, were originally enacted with the aim of providing limited liability for activities involving equines. For example, the statute in Washington State, which was the first enacted in the country, defines an “equine” as “a horse, pony, mule, donkey, or hinny.” [Rev. Code Wash. Sec. 4.24.530(1)]. Over the years, these statutes have broadened to include a variety of different animals – and some might even surprise you. A sampling of states shows the range of animals they sometimes cover. For example:

Breeding season begins soon. Stallion managers and owners can plan ahead by reassessing and, where warranted, updating their contracts. How? Here are a few suggestions.

An elderly widow lives alone on the family farm. The horse barn has been empty since the children moved out. Recently, an equine professional asked to rent the horse facility to run a boarding, training, and lesson business. Should this arrangement proceed? 

You have a full-time job, or you're a student. But you also have a horse in the barn. Wouldn't it be nice to make money from the horse? What if you offered riding lessons on the weekends or did some "moonlighting" as an instructor to generate extra cash? You may think your part-time business activities are a mere hobby, but the law might say quite the opposite.

It's only a matter of time before a boarding stable encounters a legal dispute over payment of fees. In a recent Illinois lawsuit, both the boarder and the stable sued each other, but the stable won at the trial court level and later when the case was appealed. 

Every year you write the check to your insurance agent, fully expecting that you're covered for liabilities arising from your horse-related activities. But what if a claim or lawsuit is brought against you, and, to your surprise, you discover that you’re not covered for it?

Here are some equine liability insurance coverage surprises that people have experienced over the years. With careful planning, you can make sure that they never happen to you.

The stable or instructor gives the customer a liability release to sign. Later, he sues the stable, and when the stable uses the signed release in its defense, the customer admits that he signed it. But he claims that it should not be enforced because he failed to read it before he signed it.

Is this argument valid? Nationwide, courts have considered these claims in equine-related cases, and some of the results might surprise you. 

Spooking Horse Was an “Inherent Risk” and No “Willful or Wanton” Conduct Found

As of Aug. 1, 2015, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” The laws typically include a list of exceptions.

Does a horse bucking in reaction to a lawn mower qualify as an “inherent risk” for which the EALA might protect a horse owner from liability?

Private, Backyard Facility Could Qualify as an “Equine Activity Sponsor” Under Equine Activity Liability Law

As of July 20, 2015, 47 states– all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” For example, Tennessee’s EALA, T. C. A. § 44-20-103, states:

Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. 

The laws typically include a list of exceptions, many of which this blog has explained.

An online ad shows a beautiful horse for sale, and the buyer is drawn in. The ad describes the horse as a perfect show horse, unflappable trail horse, kid-friendly, easy-keeper, and free of vices. The price is low, and the buyer rushes to make the purchase. The buyer makes the purchase sight unseen and sends money to the seller, a total stranger. The buyer sought no veterinary pre-purchase examination and no drug screen. The parties had no written contract.

After the horse arrives, serious problems become apparent. The horse might show none of the characteristics that were so glowingly advertised. Registration papers might not exist. The horse might be seriously lame or ill. The horse might be downright dangerous or untrained. When the buyer complains, the seller refuses to rescind the deal.

Certainly, buyers in these situations may have options available to them for legal recourse. But most buyers will keep the horse rather than invest in legal fees. 

On June 23, 2015, Michigan’s Gov. Rick Snyder signed into law an amendment to Michigan’s Equine Activity Liability Act (“EALA”).  The law was amended by Public Act 87 of 2015.

The Law Before Amendment

The new amendment targets a portion of Michigan’s EALA involving its exceptions –sections of the law on which people can file equine-related personal injury lawsuits. As enacted in 1994, Michigan’s EALA included four exceptions:

47 states now have an Equine Activity Liability Act. These laws, in various ways, limit or control liabilities associated with equine activities. Nevada is the latest state to pass such a law. On May 27, 2015, Nevada’s Governor approved SB 129. Here’s a link to this new law.

A California farrier (horseshoer) with 45 years of experience was hired to trim a horse’s hooves. While working in an outdoor corral, the horse knocked him down, and his head hit a rock. He died from his injuries, and his estate sued the horse owner who also owned the property. The trial court dismissed the case, and the California Court of Appeals agreed.

As this blog has reported in the past, courts nationwide have disagreed as to whether parents can legally release away personal injury claims of their minor children.

In a decision issued earlier this year, a California appellate court found that a horse trainer/riding instructor's release of liability, signed by a mother as well as her teenage daughter, was enforceable. Accordingly, the court held that a lawsuit against the trainer (who was also referred to as a "coach") arising from the teenager's death, was properly dismissed. 

• You take your friend on a trail ride, but an hour into the ride the saddle slips and your friend falls off. He sues.
• Two hours into a scenic trail ride, a horse provided by a public riding stable walks up a hill, but the saddle slips and spooks the horse. The guest falls and files a lawsuit.

If any of these incidents occurred in a state with an Equine Activity Liability Act (“EALA”), could the injured rider base his or her lawsuit on the “faulty tack or equipment” exception? *

Over the years, courts have examined the issue of what qualifies as “faulty tack or equipment.” In these two cases, the courts were convinced that a loose cinch or girth does not.

In April 2015, Julie Fershtman travels across the country for two speaking engagements regarding the Equine Activity Liability Acts (“EALAs”), including the National Conference on Equine Law. A lawyer with hands-on experience involving these laws nationwide, Julie will discuss recurring issues. Forty-six states now have some form of an EALA (except for California, Maryland, Nevada and New York).

One recurring issue is whether an injured person’s claims under an EALA can be released away. The majority view is that waivers/releases can potentially bar EALA claims. Courts in these states (as of 3/2015) have issued rulings to this effect:

You’re about to apply for equine mortality insurance on your new horse. What you might not know is that these policies are unique, and some features of this type of insurance might surprise you. For example:

For years, we’ve received calls like these:

• “I ‘free leased’ my horse to a friend, but now she refuses to return my horse.”
• “A neighbor let me ‘rescue’ her horse because she could no longer take care of him. Now I want to sell him, but my neighbor says I can’t do this.”

In each situation, the parties had no written contract, and nobody was ready or able to undergo an intense and costly legal battle that might follow.

Equine transactions are ripe for a legal dispute when the parties have no written contract and a completely different understanding of the same transaction. Without a contract or agreement explaining the transaction and what the parties’ intended, these types of legal matters can become lawsuits in which the outcome is never predictable. What is a virtual guarantee is that in a court of law the dispute will never be quick, easy, or cheap to litigate. 

Imagine owning a boarding stable that had a barn fire, causing loss to some of the horses. Imagine later being sued from a disgruntled boarder whose horse perished in the fire. This happened to a Michigan stable, and the stable faced an aggressive legal challenge from the boarder. In the end, the trial court dismissed the case and the Michigan Court of Appeals affirmed the dismissal in 2014. Why did the stable win? The liability release in its boarding contract played an important part of this result.

At Foster Swift, we've successfully defended equine-related defamation litigation. Today we're sharing an interesting case from Massachusetts that arose from a "tweet" of only a few words.

The Case

The plaintiff, Feld, owned a Thoroughbred named "Munition." She allegedly sold this horse through a Craigslist ad to a dealer who allegedly promised to place "Munition" with a "loving family" that would allow the plaintiff to visit him. Unfortunately, it was strongly suspected that the dealer instead shipped him to an auction where he may thereafter been slaughtered. Some media reports and Internet chatter followed the story of "Munition's" disappearance.

The defendant, Conway, was a Thoroughbred Bloodstock Agent who became involved in a heated Internet discussion regarding "Munition's" disappearance; she posted on Twitter: “[Plaintiff] -- you are f***ing crazy!” Because of this single "tweet," the plaintiff sued for defamation, claiming that the "tweet" defamed her reputation and attacked her sanity. In response, the defendant asked the Court to dismiss the case on the basis that the "tweet" was not defamatory but instead was mere opinion and hyperbole. The court agreed.

You just received papers of a lawsuit that was filed against you. The party suing you demands substantial compensation. What do you do next? Knowing the right answer can be tremendously important—it can also save you a substantial amount of money. Taking the wrong action, in the worst case scenario, could potentially result in a sizeable judgment issued against you that cannot be overturned. 

• A boarder brings her curious and rambunctious 4 year-old son, Henry, to the stable, but he slips away when she enters the tack room, despite her command to stay put, and wanders over to a nearby stall. He opens the stall door, allowing a yearling inside to run loose. The yearling gallops into the road, collides with a car, and motorists are injured. They sue the stable.

• Before Sarah, 15 years old, takes a riding lesson, the instructor requires her parent to sign a liability release. Minutes later, Sarah falls off during the lesson and is injured. She sues the instructor.

Misunderstandings and myths abound when it comes to liabilities involving children. Make sure to separate fact from fiction. 

For boarding stables, making a profit can be very difficult. Stables face increasing costs each year such as the cost of hay and employment expenses. Raising rates can be especially difficult, but some stable managers have found ways to avoid increasing their standard boarding fees. How do they do it? They require their boarders to pay extra for specific services or amenities.

Boarding, lesson, and training stables have one thing in common – they all have clients and visitors on the property. For the general safety of the facility, stable managers sometimes develop and post stable rules that everyone should follow

Benefits of Stable Rules

The greatest benefit of stable rules is that they promote safety and cleanliness. Stables have every reason to expect each person who enters the facility to follow them as a condition for being allowed on the property.

The scenarios are all too common in the horse industry:

• The stable’s liability release, by its terms, states only that it applies to "riders" of horses.
• Stable management only present the stable’s release form to boarding, training, or riding customers – and nobody else.

From a risk management standpoint, these stables could protect themselves better. As our experience tells us, spectators and visitors sometimes get injured on the premises, and when they do, lawsuits can follow.

"Try out my horse for few weeks.  See if you get along with him." 

These were the words of a sincere, well-intentioned seller who only wanted a satisfied buyer.  Could anything possibly go wrong with this trial period arrangement?   Let’s explore three possible problems and ways to avoid them.

In an effort to spend time with horses, while also raising cash, some people in the horse industry develop small businesses. We have received calls from people interested in establishing an exercise riding business where they visit people’s stables, saddle up designated horses, and work the horses on tracks, trails, arenas, or fields. In many instances, exercise riders work alone and must groom and saddle each horse. Very often, the exercise rider receives little information about the horses they’re asked to work. If you are considering an exercise riding business, here are a few suggestions:

Your liability release might not be as strong as you think. Though courts in most states have shown a willingness to enforce releases of liability (when properly worded and signed), there is never a guarantee that all courts will accept and enforce your release. Why have releases failed? Here are examples of a few documents that failed in a legal challenge because the courts believed they were improperly drafted:

You leased out your horse to a family whose horse-crazy teenaged daughter promised to give him the best of care. After a few months passed, you paid your horse a visit but were shocked at what you saw. The horse appeared ribby, and his hooves had not been trimmed in months. It turned out that the teenager lost interest in your horse, but her parents knew little about horses to ensure that your horse received proper care. When you demanded return of your horse, the family refused and insisted that they were entitled to keep him until the lease term ended.

What can you do?

Liability releases are probably the most misunderstood documents in the horse industry. Myths and misunderstandings surround them. Let’s explore common misperceptions regarding releases and the facts.

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.

The scenario is unfortunate: A boarded horse becomes seriously injured while at the stable and must be euthanized on recommendation of the veterinarian. The loss might have resulted from a freak accident, such as a broken leg from the horse’s long-time pasture buddy who inflicted a strong kick at the wrong spot.  The demised horse was not insured with equine mortality insurance.

A small number of states have “open range” districts where land-owners are legally permitted to allow their animals to roam at large, subject to restrictions set by state or local law.

Generally, motorists in open range districts have little or no recourse if they are injured in a collision with loose livestock, but exceptions can exist. In one case from Idaho, the landowner was immune from liability in a wrongful death action when a motorcyclist collided with a loose calf along the roadway in an “open range” district and was killed. The motorcyclist’s estate sued the landowners and the animal’s owners. They argued, in their defense, that they were immune from liability because the incident occurred in an area that was designated as “open range” under Idaho law [Idaho Code § 25-2118]. The trial court agreed and dismissed the case.

The case proceeded to an appeal where the motorcyclist’s estate challenged the “open range” classification. The Idaho Supreme Court upheld dismissal of the case and found that the “the ‘fence out’ rule prevails in Idaho, and that where a herd district has not been established, cattle are customarily permitted to roam." Nationwide, most states do not have “open range” districts. Each state differs. In any vehicle/livestock collision matter, make sure to review the applicable law carefully.

Boarding stable owners sometimes feel pressured by ever-increasing costs of hay, shavings, and feed, while their clients resist rate increases and sometimes fail to pay. What can a stable do? Many stable owners believe that non-paying boarders are a reality of the business, but boarding contracts can help the stable in these situations. For example:

• The contract can allow the stable the option of raising rates by giving each customer notice of an upcoming raise, such as thirty days or more. The contract can also allow boarders the option of giving the stable notice of termination within that time so that a boarder unhappy with the increase can plan to move out before it takes effect.

Equine leases can generate several kinds of legal disputes, many of which have been addressed elsewhere in this blog. One dispute involves this scenario: The lessee (a “lessee” is the party that is allowed to use the horse owned by the “lessor” for a certain period of time under certain terms and conditions) is accused of neglecting the leased horse, and the lessor wants the horse returned as a result.

These disputes can be more complicated than they seem. For example, the lessor and lessee might disagree over the central issue of whether the horse was abused or neglected. Also, sometimes, the lessor might demand to have the horse inspected by a veterinarian, but the lessee might refuse to allow this to occur. If the lessor tries to haul away the horse, the lessee might accuse the lessor of trespassing, or even theft. Legal expenses can be significant to resolve these disputes.

Equine Law changes afoot in Connecticut! The Connecticut legislature just curbed its Supreme Court in a law that trumps Vendrella v. Astriab (the "vicious and dangerous" case) and determines that domesticated horses are not vicious or dangerous.

• Read the bill's text here.

Julie Fershtman, a shareholder at Foster Swift, secured summary judgment in favor of her client, an equine boarding and riding stable, on April 2, 2014.

The plaintiff accompanied his granddaughter to her riding lesson at a private stable and watched her ride from the observation room. When the lesson ended, he entered the barn aisle to ask the riding instructor questions about saddles. The plaintiff claimed that while standing in the barn aisle, with his back to the aisle, an unknown person led a horse too close behind him that brushed against his back, causing him to lose his balance and fall down. He claimed that he sustained significant injuries as a result.

Equine activities can deliver a deadly impact to your head if you get kicked or fall. Safety helmets are designed to cushion and re-distribute the force of certain blows to the head. Depending on the impact you sustain, your safety helmet might allow you to walk away unharmed from an accident that would have killed you or required costly long-term care had you not worn a helmet.

When a horse facility takes in a horse for care and keeping, but the horse's owner fails to pay boarding fees and is nowhere to be found, is the horse "abandoned"? Surprisingly, many stables simply draw their own conclusions and then take drastic action, such as give away horses, lease them out, use them in lessons, or sell them off. Is that legal? Probably not.

Since the equine activity liability acts were enacted, a question has arisen as to whether a person can legally sign away claims under them. According to the majority of courts across the country addressing the issue, the answer is "yes."

The importance of complying with an insurance policy’s notice requirements has become especially newsworthy thanks to Julie Fershtman’s courtroom victory last year in an equine insurance coverage lawsuit in an Illinois federal court. In that case, a horse owner sued the company challenging its denial of benefits under an equine insurance policy.

Julie Fershtman is the speaker for tomorrow's webinar through the Certified Horsemanship Association entitled: "Risk Management – What You Need to Know about Liability, Contracts and Releases."

State equine activity liability laws generally, but not always, apply to equine activity "participants" who are “engaged in an equine activity” at the time of injury. Over the years, cases have addressed whether people injured on the grounds of an equine activity qualify as “participants.” Let’s take a look at two noteworthy cases addressing the issue and find out whether you agree with the courts.

A caller years ago, had a difficult legal problem. He recently bought a home and surrounding land, converted a back yard work shop into a horse stall, set up new pasture fencing and moved in his horse. His life-long dream of owning a horse property within his budget, he thought, had just been realized.

Within weeks, however, his dream seemed to shatter when he received a notice from the municipality that his horse and fencing had to go. What he had not known, until that point, is that his municipality’s zoning ordinances included set-back restrictions for fencing. The ordinance required that his fence lines be within a substantial distance from his property line. Unfortunately for him, his lot was very narrow and compliance with the ordinance would make his horse pasture the size of a dog run.

Our clients have asked how to amend their contracts, especially after they hire us to draft them and want our new contracts to replace the old ones.

Amending a contract is not difficult as long as your documentation makes clear what you are trying to accomplish. In our experience, however, we've seen equine business operators draft their own contracts which are anything but clear and cause problems. Of the many ways in which a contract can be amended, here are a few examples:

We receive numerous inquiries from people who have encountered problems during their equine leases – both from lessors (the ones who own the horse and part with it subject to the lease terms) and lessees (the ones who receive use of the horse). Advance planning, and legal help, can prevent several problems. Here are some equine lease problems and suggestions for avoiding them.

We thank the many businesses and individuals who hire us to draft their equine-related contracts. The problem is, even with thorough contracts that identify rights and responsibilities, people don’t always follow their terms. What do you do when the other party to a contract has breached (violated) its terms? Certainly, every situation is different, but here are some options: