Showing 23 posts from 2015.
What You Were Afraid to Ask About Equine Activity Liability Acts
The nation's first Equine Activity Liability Act was enacted in 1989. Now, 47 states (all except California, Maryland, and New York) have them. All of these laws differ. With the passage of time, questions have emerged about how these laws work and what they do. Julie Fershtman, who is widely considered to be the nation's most experienced and knowledgeable lawyer regarding these laws, explained them in a webinar earlier this week for www.equestrianprofessional.com. Here are some of her remarks. Read More ›
Categories: Liability
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Planning Ahead with a Pet Trust
Janet is fighting a serious illness, but no medicine gives her more comfort and happiness than her horse, "Whistler." She visits the boarding stable several times a week just to brush his coat and feed him carrots. What if Janet's health takes a turn for the worst - who will take care of "Whistler"? What if the horse needs costly colic surgery while she's too ill to give directions or if she is longer here? Is there anything Janet can do now to ensure that "Whistler" remains with her family and receives proper care and attention in the years ahead?
Yes, under Michigan law it is possible for Janet to create a trust, known as a Pet Trust, for the care of her horse. If you have a horse like Janet, would you like to provide instructions for its care if you are no longer able to do so due to your death or disability? If so, by creating a Pet Trust you can, for example: Read More ›
Categories: Boarding, News & Events
Equine Activity Liability Acts – Not Just About Horses
Equine Activity Liability Acts, now in 47 states, were originally enacted with the aim of providing limited liability for activities involving equines. For example, the statute in Washington State, which was the first enacted in the country, defines an “equine” as “a horse, pony, mule, donkey, or hinny.” [Rev. Code Wash. Sec. 4.24.530(1)]. Over the years, these statutes have broadened to include a variety of different animals – and some might even surprise you. A sampling of states shows the range of animals they sometimes cover. For example: Read More ›
Categories: Liability
Breeding Contract Check-Up
Breeding season begins soon. Stallion managers and owners can plan ahead by reassessing and, where warranted, updating their contracts. How? Here are a few suggestions. Read More ›
Categories: Breeding, Contracts
What to Consider Before an Equine Professional Does Business on Your Property
An elderly widow lives alone on the family farm. The horse barn has been empty since the children moved out. Recently, an equine professional asked to rent the horse facility to run a boarding, training, and lesson business. Should this arrangement proceed? Read More ›
Categories: Contracts, Insurance, Liability, Zoning & Land Use
Surprise! You're an Equine Professional
You have a full-time job, or you're a student. But you also have a horse in the barn. Wouldn't it be nice to make money from the horse? What if you offered riding lessons on the weekends or did some "moonlighting" as an instructor to generate extra cash? You may think your part-time business activities are a mere hobby, but the law might say quite the opposite. Read More ›
Categories: Contracts, Insurance, Liability
Lessons Learned from a Boarding Stable Payment Dispute
It's only a matter of time before a boarding stable encounters a legal dispute over payment of fees. In a recent Illinois lawsuit, both the boarder and the stable sued each other, but the stable won at the trial court level and later when the case was appealed. Read More ›
Categories: Boarding, Contracts
What You Didn't Know About Liability Insurance
Every year you write the check to your insurance agent, fully expecting that you're covered for liabilities arising from your horse-related activities. But what if a claim or lawsuit is brought against you, and, to your surprise, you discover that you’re not covered for it?
Here are some equine liability insurance coverage surprises that people have experienced over the years. With careful planning, you can make sure that they never happen to you. Read More ›
Categories: Boarding, Employment, Insurance, Liability
Didn’t Read the Stable’s Release? You Might Still Be Bound By It
The stable or instructor gives the customer a liability release to sign. Later, he sues the stable, and when the stable uses the signed release in its defense, the customer admits that he signed it. But he claims that it should not be enforced because he failed to read it before he signed it.
Is this argument valid? Nationwide, courts have considered these claims in equine-related cases, and some of the results might surprise you. Read More ›
Categories: Liability
Lawn Mower Spooks Horse – Georgia Court Dismisses Injured Rider’s Lawsuit
Spooking Horse Was an “Inherent Risk” and No “Willful or Wanton” Conduct Found
As of Aug. 1, 2015, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” The laws typically include a list of exceptions.
Does a horse bucking in reaction to a lawn mower qualify as an “inherent risk” for which the EALA might protect a horse owner from liability? Read More ›
Categories: Lawsuit, Liability, News & Events
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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