Showing 53 posts from 2012.
Winning Jockey Lost His Own Legal Battle
Ron Turcotte rose to fame after winning Thoroughbred racing’s Triple Crown riding the legendary “Secretariat.” He lost his own legal battle in New York after being seriously injured in a horse race, mainly because of New York’s doctrine of “assumption of risk.” Assumption of risk is a legal defense based on the theory that horse racing is an inherently dangerous sport and professional jockeys or drivers are best situated to know and appreciate the risks involved in the sport. Read More ›
Categories: Liability
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Avoiding the “Attractive Nuisance”
Are you held liable if a child trespasses onto your property and is injured?
Hazardous places, conditions, or things on the land that tend to lure unsuspecting children are commonly known as "attractive nuisances." Attractive nuisances are typically not natural conditions of the land, such as a pond, but rather are conditions that were created by the landowner or someone else on the property. Swimming pools are classic examples. Depending on the circumstances and how the state defines an “attractive nuisance,” a horse might qualify. Read More ›
Categories: Insurance, Liability
Stablemen’s Lien Laws – Part 2: How They Differ
Stables looking to collect past-due board by invoking a stablemen’s lien law should take caution.
Almost all states have laws on the books that are specifically designed to give lien rights to horse boarding stables. State laws differ significantly as to stables’ rights when board has not been paid. Here are some examples of how the laws differ: Read More ›
Categories: Boarding, Regulatory, Sales/Disputes
Stablemen’s Lien Laws – Part 1: What They Are
Almost all states have laws on the books that are specifically designed to give lien rights to horse boarding stables. Some of these laws also give special lien rights to people who provide services to horses, such as veterinarians or farriers. These laws are often referred to as “stablemen’s lien laws” or “agisters lien laws.” They differ widely across the country and usually explain: Read More ›
Categories: Boarding, Regulatory, Sales/Disputes, Veterinary Malpractice
Collecting Past-Due Board – The Stable’s Perspective
Stables with non-paying boarders have several options to consider. Proceed with caution as some options are mutually exclusive, meaning that state law might prevent the stable from pursuing two or more of them at the same time. The stable’s options, depending on the applicable state law, could include: Read More ›
Categories: Boarding, Contracts
Collecting Past-Due Board – The Boarder’s Perspective
Horse boarding stables nationwide have been encountering the problem of non-paying or slow paying boarders. At the same time, expenses continue to rise. What are the boarder’s options when they owe the stable board money? Read More ›
Categories: Boarding
Tips on Liability Releases from Julie's Article in the State Bar of Michigan Animal Law Section's Latest Newsletter
Liability Releases in Michigan Equine Activities: Why They Fail
State Bar of Michigan Animal Law Section Newsletter - Spring 2012
“Liability releases are not worth the paper on which they’re printed.”
Some of our clients may say this, but the reality in Michigan is that liability releases have been enforced in recreational and equine-related activities. Still, these documents sometimes fail in legal challenges. This article explores liability releases in Michigan equestrian activities and themes in release-related litigation with an emphasis on equine liability. Read more >
Categories: Liability
Boarding Stable Liability for an Injured Horse
When a boarding stable accepts a customer’s horse for care and keeping, the law generally imposes a duty on the stable to use reasonable care. Consequently, a stable could potentially be liable for a horse’s injury even if it had no real intention of harming a horse.
If a boarder wins a case against the stable, the stable might (depending on the facts and the applicable law) be ordered to pay: Read More ›
Categories: Boarding, Liability
No Workers' Compensation for Camp Manager Thrown from a Horse
A summer camp’s Business Manager comes to work over the weekend to “test out” the camp’s newly donated horses, allegedly to determine their suitability, but he is thrown and sustains serious injuries. Is he entitled to recover workers' compensation insurance? No, says a worker’s compensation appeals panel of the Tennessee Supreme Court in Parish v. Highland Park Baptist Church, No. E2010-01977-WC-R3-WC (Tenn. 10/18/11)(unpublished).
Why? Read More ›
Categories: Insurance, Liability
Sales Disputes Involving a Horse’s Age
Disputes occasionally occur when a buyer purchases a horse that is represented as being one age when, it later turns out, the horse is many years older. Does the buyer have a case against the seller? Read More ›
Categories: Sales/Disputes
Top 10 Things The Equine Community Needs To Know About Equine Liability Laws
"Julie Fershtman is considered by many to be the nation's leading expert on equine activity liability acts. Her 30-minute presentation for a recent educational webinar on equine activity liability acts for the American Horse Council is available for viewing. Please take a look, here's a link: https://www.youtube.com/watch?v=hCROISSPMJs
Fershtman’s Equine Law Book Wins Fourth National Award
Julie Fershtman’s latest book, Equine Law and Horse Sense, won its fourth national award on May 31, 2021. It was selected to receive a "Finalist" Medal in the 2021 Next Generation Indie Book Awards.
The 2021 Next Generation Indie Book Awards are presented by Independent Book Publishing Professionals Group, which is the largest International awards program for indie authors and independent publishers. Here’s a link for the complete list of 2021 winners and finalists: https://www.indiebookawards.com/winners.php?year=2021
Fershtman’s Equine Law Book Receives Third National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Equine Blog Ranked in Feedspot
Foster Swift's Equine Law Blog was ranked #8 in Feedspot.com's "15 Best Equine Law Blogs and Websites".
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Upcoming Speaking Engagements
In 2022, Julie Fershtman is scheduled to be a speaker on equine liability at these conventions:
- American Horse Council Annual Meeting and National Issues Forum, Washington D.C. - June 6, 2022
- National Conference on Equine Law, Lexington, Kentucky – May 4, 2022
- IRMI Agribusiness Conference (“AgriCon”), Sacramento, California – March 8, 2022
- New York State Bar Association Equine Law Symposium (virtual conference) – February 9, 2022
Fershtman’s Equine Law Book Receives Second National Award
Julie Fershtman’s book, Equine Law & Horse Sense, published by the American Bar Association, has been selected to receive a 2020 NYC Big Book Award in the category of “Reference” books.
The NYC Big Book Awards draws nominations world-wide. This is the third award for Fershtman’s book since its publication last year. Here is a link for more information, and to see the list of winners: https://www.nycbigbookaward.com/2020winners
Information on the book: https://www.amazon.com/gp/product/164105493X/ref=dbs_a_def_rwt_hsch_vapi_taft_p1_i0
Honors & Recognitions
Equine lawyer, Julie Fershtman, has received these prestigious equine industry awards from respected equine organizations:
"Excellence in the Advancement of Animal Law Award" - American Bar Association Tort Trial & Insurance Law Section Animal Law Committee
"Distinguished Service Award" - American Youth Horse Council
"Industry Service Award" - Michigan Equine Partnership
"Catalyst Award"- Michigan Horse Council
"Outstanding Achievement Award" - American Riding Instructors Association
"Partner in Safety Award" - American Riding Instructors Association
"Associate Service Award" - United Professional Horseman's Association
"National Partnership in Safety" Award" - Certified Horsemanship Association
Some of our Equine Law Services
Handling breach of contract, fraud/ misrepresentation, commercial code, and other claims involving equine-related transactions including purchases/sales, leases, mare leases/foal transfers, and partnerships.
Litigating a wide variety of equine-related disputes in court or through alternative dispute resolution (arbitration, mediation, facilitation).
Defending equine/farm/equestrian industry professionals, businesses, and associations in personal injury claims and lawsuits.
Drafting and negotiating contracts for boarding, training, sales, waivers/releases, leases, and numerous other equine-related transactions.
Representing and advising insurers on coverage and policy language as well as litigation;
Advising equine industry clubs and associations regarding management, rules, bylaws, disputes, and regulations.
Representing some of the equine industry's top trainers, competitors, stables, and associations.
Counseling industry professionals, stable managers, and individual horse owners.
THE NATION'S MOST SOUGHT-AFTER EQUINE LAW SPEAKER
Did you know Julie Fershtman has spoken at the American Horse Council Annual Meeting, Equine Affaire, US Hunter/Jumper Association Annual Meeting, Midwest Horse Fair, Equitana USA, US Dressage Federation Annual Meeting, North American Riding for the Handicapped (now PATH International) Annual Meeting, American Paint Horse Association Annual Meeting, US Pony Clubs, Inc.'s Annual Meeting, All-American Quarter Horse Congress, American Youth Horse Council Annual Meeting, American Riding Instructors Association Annual Meeting, CHA Annual Meeting, and numerous others? Consider signing her up for your convention. Contact Julie directly.
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