Equine Law Blog

My Risk Management Program is My Liability Release

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. Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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Know the Limitations of Small Claims Court

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? Read More ›

Categories: Sales/Disputes

Posted by: Julie I. Fershtman

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Protect Your Right to Keep Horses in Your Community

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. Read More ›

Categories: Regulatory, Zoning & Land Use

Posted by: Julie I. Fershtman

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Equine Liability Coverage – Test Yourself, and Protect Yourself

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: Read More ›

Categories: Insurance, Liability

Posted by: Julie I. Fershtman

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Not All Legal Disputes Warrant a Lawsuit

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. Read More ›

Categories: Contracts, Sales/Disputes

Posted by: Julie I. Fershtman

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Someone Was Hurt While Riding Your Horse - When Saying “So Sorry” Might be Enough

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. Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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Can the Government be Held Responsible for a Breeding Farm’s CEM Outbreak?

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.] Read more about the case ›

Categories: Boarding, Breeding, Liability, Regulatory

Posted by: Julie I. Fershtman

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Do-It Yourself Equine Contract Blunders

Horse owners are, in large part, self-reliant people. They train their own horses, fix their own equipment, and some even do their own hoof trimming and routine vaccinations. When people try to take legal matters into their own hands, however, problems sometimes occur. Here are some examples taken from real cases: Read More ›

Categories: Contracts, Liability

Posted by: Julie I. Fershtman

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“The Goat Ate My Equine Activity Liability Act Warning Sign”

Equine Activity Liability Acts, now found in 46 states, frequently include requirements that “equine activity professionals” and sometimes “equine activity sponsors” post warning signs on the premises. One example of such a sign, from the Commonwealth of Massachusetts, states:

WARNING

Under Massachusetts law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 2D of chapter 128 of the General Laws.

But what happens if the “warning” sign falls off or disappears? Will the “equine activity professional” lose benefits from the equine activity liability act? Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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How to (Legally) Brand Your Horse

Why Do States Regulate Brands?

The reasons for state government regulation of livestock brands are just as valid today as they were a century ago. States regulate brands to protect the integrity of a given brand, to avoid confusing the public by having two farms with nearly identical brands, to give notice that a brand has been "taken" in order to fend off others who might want to claim a similar design, and sometimes to help identify the owner or breeder of the branded animal (comparable to a permanent "dog tag"). Read More ›

Categories: Regulatory

Posted by: Julie I. Fershtman

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