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 ...

Avoiding Disputes: Fershtman Presents Equine Liability Webinar for USHJA

Julie I. Fershtman — Tue, 04 Jun 2024 09:00:02 -0400

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.”

Review Your Liability Insurance on Insurance Awareness Day

Julie I. Fershtman — Tue, 28 Jun 2022 09:00:03 -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 09:00:04 -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 09:00:05 -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:

Legal Ramifications of Providing Veterinary Advice Online

Julie I. Fershtman — Sun, 19 Dec 2021 09:00:06 -0500

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.

Plan Ahead When Lending or Borrowing a Horse Trailer

Julie I. Fershtman — Tue, 14 Dec 2021 09:00:07 -0500

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.

Our State Has No Equine Activity Liability Act – Are We Worse Off?

Julie I. Fershtman — Thu, 11 Nov 2021 09:00:08 -0500

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.

Unique Liability Risks Involving Minors

Julie I. Fershtman — Tue, 03 Aug 2021 09:00:09 -0400

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.

ABA Publishes Julie Fershtman’s Newest Book on Equine Law

Tue, 29 Oct 2019 09:00:10 -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).

New Cases Show Strength of State Equine Activity Liability Laws

Julie I. Fershtman — Mon, 22 Jul 2019 09:00:11 -0400

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.

Damage Caused by Boarded Horses -- Who Pays for It?

Julie I. Fershtman — Mon, 26 Feb 2018 09:00:12 -0500

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?

New Year's Resolutions for the Equine Industry

Julie I. Fershtman — Fri, 12 Jan 2018 09:00:13 -0500

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.

Dog Bite Liability – What Horse Owners and Stables Should Know

Julie I. Fershtman — Mon, 18 Sep 2017 09:00:14 -0400

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.

What is an “Inherent Risk” With Horses?

Julie I. Fershtman — Fri, 14 Apr 2017 09:00:15 -0400

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:

Half Lease - Whole Problem

Julie I. Fershtman — Thu, 30 Mar 2017 09:00:16 -0400

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.

I’m Not a Boarding Stable, BUT …

Julie I. Fershtman — Thu, 16 Mar 2017 09:00:17 -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.

Colorado Appellate Court Strikes Down Recreational Liability Release: Ruling Could Impact Stable/Equine Professional Releases

Julie I. Fershtman — Wed, 15 Feb 2017 09:00:18 -0500

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.

New Jersey Court Dismisses Lawsuit against Stable Brought by Injured Visitor

Julie I. Fershtman — Wed, 01 Feb 2017 09:00:19 -0500

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.”

Unbounded Risk in Open Range Districts

Julie I. Fershtman — Wed, 30 Nov 2016 09:00:20 -0500

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: