Equine Law Blog | Foster Swift

Michigan Court of Appeals Issues Ruling That Passengers in Horse-Drawn Carriages Are Subject to the Equine Activity Liability Act

Julie I. Fershtman — Tue, 21 Oct 2025 09:00:01 -0400

A recurring issue since the passage of the nation’s 48 state Equine Activity Liability Acts (EALAs) has been whether these laws apply to horse-drawn carriage activities. Although EALAs differ across the country, most of them state that a “participant” in an “equine activity” has limited or no recourse against equine professionals, equine activity sponsors, or others if damage results from an “inherent risk” of equine activity. But does a passenger in a carriage or sleigh qualify as a “participant”? Yes, according to courts in the majority of states that have ...

Review Your Liability Insurance on Insurance Awareness Day

Julie I. Fershtman — Tue, 28 Jun 2022 09:00:02 -0400

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.

Latest Word on “Dangerous Land” Under State Equine Activity Liability Acts

Julie I. Fershtman — Mon, 28 Mar 2022 09:00:03 -0400

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 Event Liabilities – Plan Ahead

Julie I. Fershtman — Tue, 11 Jan 2022 09:00:04 -0500

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:

Equine Health Maintenance Programs at the Boarding Stable – What’s Best?

Julie I. Fershtman — Tue, 05 Oct 2021 09:00:05 -0400

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.

Contracts Can Save Lives: How Boarding Contracts Can Handle Horse Emergencies

Julie I. Fershtman — Thu, 01 Jul 2021 09:00:06 -0400

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.

ABA Publishes Julie Fershtman’s Newest Book on Equine Law

Tue, 29 Oct 2019 09:00:07 -0400

Foster Swift shareholder Julie I. Fershtman’s latest book, Equine Law and Horse Sense, has just been published by the American Bar Association (ABA).

I’m Not a Boarding Stable, BUT …

Julie I. Fershtman — Thu, 16 Mar 2017 09:00:08 -0400

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.

Communication Can Save Lives and Avoid Horse Boarding Disputes

Julie I. Fershtman — Wed, 05 Oct 2016 09:00:09 -0400

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.

Legal Aspects of Boarding at a Friend's Barn

Julie I. Fershtman — Wed, 15 Jun 2016 09:00:10 -0400

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?

Stable Rules: What's on YOUR Wall?

Julie I. Fershtman — Mon, 02 May 2016 09:00:11 -0400

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.

Does Your Boarding Contract Include a Release? Should It?

Julie I. Fershtman — Wed, 13 Apr 2016 09:00:12 -0400

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.

Planning Ahead with a Pet Trust

Jonathan J. David — Thu, 03 Dec 2015 09:00:13 -0500

Janet is fighting a serious illness, but no medicine gives her more comfort and happiness than her horse, "Whistler." She visits the boarding stable several times a week just to brush his coat and feed him carrots. What if Janet's health takes a turn for the worst - who will take care of "Whistler"? What if the horse needs costly colic surgery while she's too ill to give directions or if she is longer here? Is there anything Janet can do now to ensure that "Whistler" remains with her family and receives proper care and attention in the years ahead?

Yes, under Michigan law it is possible for Janet to create a trust, known as a Pet Trust, for the care of her horse. If you have a horse like Janet, would you like to provide instructions for its care if you are no longer able to do so due to your death or disability? If so, by creating a Pet Trust you can, for example:

Lessons Learned from a Boarding Stable Payment Dispute

Julie I. Fershtman — Wed, 16 Sep 2015 09:00:14 -0400

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.

What You Didn't Know About Liability Insurance

Julie I. Fershtman — Wed, 02 Sep 2015 09:00:15 -0400

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.

Washington Court Dismisses Equine Injury Lawsuit against Backyard Horse Facility Owner

Julie I. Fershtman — Wed, 22 Jul 2015 09:00:16 -0400

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.

Michigan Stable's Release Within Its Boarding Contract Helps Secure Dismissal of Lawsuit

Julie I. Fershtman — Wed, 18 Feb 2015 09:00:17 -0500

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.

Children, Horses, and Liability: The Law Might Surprise You

Julie I. Fershtman — Wed, 17 Dec 2014 09:00:18 -0500

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.

Nickels Here, Dimes There – Should Your Boarding Stable Impose Side Charges?

Julie I. Fershtman — Wed, 03 Dec 2014 09:00:19 -0500

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.

Stable Rules: What’s On Your Wall?

Julie I. Fershtman — Wed, 19 Nov 2014 09:00:20 -0500

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.