Equine Law Blog

Horse Tip Daily #488 - Equine Liability Part #2

This covers practical suggestions for avoiding liability in equine and equestrian activities.

Categories: Liability, Radio Broadcasts

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Veterinary Malpractice - More Complex Than You Think

Veterinary malpractice cases are filed far less frequently than medical malpractice cases.  Why?  The tremendous expense and effort associated with malpractice cases often prompts people to take no legal action, purely out of economic concerns.  Also, the law looks at animals, and their values, in a different way than animal enthusiasts do; as a result, almost every state will award significantly less if the case involves veterinary malpractice than it would award if the matter involved an injured human. Read More ›

Categories: Liability, Veterinary Malpractice

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Horse Tip Daily # 487 - "Equine Liability Part #1"

This segment addresses equine and equestrian liabilities in a general way as well as state Equine Activity Liability Acts.

Categories: Liability

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Do You Need a Liability Release?

Your facility posts “warning” signs, and your state has enacted an equine activity liability law.  Do these make liability waivers/releases unnecessary?

The Difference Between a Sign and a Release

Important differences exist between “ride at your own risk” sign and a release of liability that is legally valid, well-written, and properly signed.  Certainly, the sign may announce the facility’s interest in limiting its liability, but it is rarely enough to fend off a lawsuit when something goes wrong.  Also, my many years of handling equine-related injury cases around the country tells me that after an incident arises, the injured person will often deny ever seeing or reading the sign. Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Horse Tip Daily #483 - "When Clients Don't Pay"

Our challenging economy has taken its toll on equine businesses, many of which are seeing unprecedented numbers of clients who cannot afford to pay their boarding fees.  Does the law allow the stable to sell off a horse for non-payment?  What are the stable's rights?  This podcast explores state laws to prevent stables, owners, and purchasers from costly civil – and criminal – legal battles.

Categories: Boarding, Radio Broadcasts, Sales/Disputes

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Horse Tip Daily #480 - "Keeping a Peaceful Equine Neighborhood"

This radio broadcast addresses practical suggestions for horse owners and stables to maintain the right to keep horses in their communities. At a time when urban sprawl has placed retail developments and subdivisions near established horse facilities, this topic is timely and informative.

Categories: Radio Broadcasts

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Who Needs Workers' Compensation Insurance?

A barn worker, while driving to the feed store to pick up a load of grain, is injured in an auto accident.  A stable employee gets kicked in the head while pasturing a horse.  Both have huge medical bills, and it will be months before either can return to work.  This article generally explores the law of workers' compensation. Read More ›

Categories: Insurance, Liability

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Do Registration Papers Prove Ownership of a Horse?

Many people believe that the one who is named on a horse’s registration papers is the horse’s true owner.  This issue is not only important in sales settings but also in liability settings, as well.

Courts in a few states have examined the issue of whether registration papers prove ownership and have held that the name appearing on a horse’s registration papers may not necessarily be the name of the horse's true owner.  In essence, these courts have recognized that differences exist between registration papers and a title to a car.  There are several reasons for this; here are two: Read More ›

Categories: Liability, Sales/Disputes

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Equine Insurance Policy Notice Requirements

Imagine the shock of returning from a lengthy vacation only to learn that your horse died at the boarding stable soon after you left, but stable management could not reach you to consent to needed surgery.  Your horse was put down.  Imagine the further shock when your equine insurance company advises you that it has denied your claim because nobody gave it proper or timely notice of your horse’s illness and death.

Equine insurance policies usually require that you give the company (or designated representative) prompt notice of an insured horse's illness, lameness, or injury.  Insurers take these provisions very seriously, and many will deny claims on the basis that they were not given proper notice.  When this happens, litigation sometimes follows. Read More ›

Categories: Boarding, Insurance, Liability

Posted by: Julie I. Fershtman

  |  Contact Author

Share  | 

Should You Reduce or Cancel Your Liability Insurance?

When finances are tight, people sometimes consider canceling or reducing their liability insurance coverage. Watch out – this could be mistake.

What is Liability Insurance?

Liability insurance as to equine activities is designed to protect people from certain unintentional situations where someone is injured either on your property, from an act that occurs around your horse (such as a bite or kick), when your horse gets loose, or from acts that occur when someone rides your horse. Read More ›

Categories: Boarding, Insurance, Liability

Posted by: Julie I. Fershtman

  |  Contact Author

Share  |