Equine Law Blog
We receive numerous calls and e-mails from people in the midst of serious legal issues who are unprepared for, or unwilling to undertake, the expense involved in hiring a lawyer. For example, a trainer could be faced with a lawsuit arising out of a sales agency. An individual horse owner might want to “free-lease” her gelding to a friend and want a contract that protects her as much as possible in the situation.
How can people who cannot afford a lawyer seek legal services at low, or no cost?
Some boarding contracts specify that the boarded horse has a stated value. For example, the contract might state: “The parties agree that the horse boarded under this agreement is worth $15,000.”
How do you find the right lawyer for your equine-related legal matter? Here are some ideas:
Consider the Lawyer’s Expertise
Because of their expertise, lawyers with equine law expertise could potentially save money because they often can get the work done in less time than other lawyers. Their understanding of the industry and the terminology used within it might offer you a distinct advantage.
Well-intentioned horse owners and equine professionals sometimes expect a well-written release of liability (sometimes known as a “waiver”) to be their sole weapon in their efforts to avoid liability. Acting on the mistaken belief that those who sign releases cannot bring lawsuits, some people even consider cancelling their liability insurance policies.
You just bought a horse but believe the seller lied to you about its health, history, and training. You want the sale reversed, the horse returned to the seller, and your purchase price returned. You also want all of your hauling expenses and veterinary bills reimbursed. Can you avoid the expense of a lawyer and sue the seller on your own in small claims court?
Your property stables horses, but your community seems anything but supportive. In fact, you’ve heard that the local government might be exploring possible zoning changes that might make it harder to stable horses in the community. Can you try to maintain things as they are without a costly lawsuit? Yes.
Do you understand what equine-related liability insurance policies do? Many people in the horse industry learn the shortcomings of their liability insurance policies after something goes wrong.
To gain a better understanding of how these policies work, here are examples of some occurrences:
Is every legal dispute appropriate for a lawsuit? Not necessarily. Sometimes the dispute can be resolved quickly and amicably – as long as the parties are willing to consider an alternative to the legal system such as arbitration or mediation.
You allowed someone to ride your horse, but the worst-case scenario later came true – your friend fell off and was injured. Certainly, the immediate response is to make sure that your friend received proper medical attention and that your friend is safe. But can your words, made after the fact, form a basis for liability? Sometimes they can. In a recent case from New Jersey, in fact, they did.
A few years ago, some valuable breeding stallions contracted Contagious Equine Metritis (“CEM”), an equine venereal disease, while boarded at a breeding farm in Kentucky. The stallion owners sued the breeding farm, alleging that it was negligent in allowing the CEM to spread to their stallions from an incoming stallion, who had been brought to the farm from a Wisconsin quarantine facility where it contracted the CEM. [CEM is regulated by the United States Department of Agriculture (“USDA”), in part through its importation guidelines for horses that arrive from foreign countries and are quarantined. These guidelines also prohibit horses with CEM from being imported into the United States.]
