Equine Law Blog

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."