Showing 236 posts by Julie I. Fershtman.
Equine Activity Liability Laws and Horse-Drawn Carriages
Does an equine activity liability law apply to the setting of passengers who are injured during a horse-drawn carriage ride? Nationwide, courts cannot agree. Read More ›
Categories: Liability
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Part 1: What Can The Boarding Stable Do With an Abandoned Horse?
In these difficult economic times, boarding stables nationwide are struggling to get their clients to pay. Stables can be asking for trouble, however, when they make their own conclusions that a horse is abandoned due to unpaid board and then take matters into their own hands without following the law. Read More ›
Categories: Boarding, Contracts, Liability
Should You Take in Boarders for Extra Income?
In these challenging financial times, people sometimes consider making extra money by taking in boarders. Plan ahead and understand the risks. The arrangement could be far more complex and costly than you think. Read More ›
Categories: Boarding, Insurance, Liability, Zoning & Land Use
Boarding Stable Liability When Horses Die in a Barn Fire
The setting is tragic. The boarding stable catches fire and horses perish. Is the stable liable?
Merely because a boarding stable’s barn has caught fire, injuring or killing horses inside, does not necessarily mean that the stable is automatically liable for the consequences. Read More ›
Categories: Boarding, Liability
Equine Liability Laws: Examples of How They Differ
As of October 2011, 46 states have some sort of an equine activity liability law on the books. Many assume they are all the same. They are not. While many share common characteristics, all of them differ. Here are two examples of how the laws differ: Read More ›
Categories: Liability, Regulatory
Upcoming Webinar - "A Look at Recent Equine Lawsuits and How They Affect Horse Professionals"
Equestrian Professional Webinar
There have been several recent equine cases whose rulings are of interest (and extreme importance) to horse professionals. During this webinar, I will discuss the key issues and the legal precedents these cases are likely to set.
In order to keep your business, horses, customers and assets safe, it is essential to stay abreast of how the courts are interpreting current equine laws and be informed about any new laws.
Date
November 14, 2011
Time
8:00 p.m. Eastern (7:00 p.m. Central & 5:00pm Pacific)
"A Look at Recent Equine Lawsuits and How They Affect Horse Professionals" is free to all horse professionals and can be attended via telephone or computer. Once you get your own spot reserved, please share this with your friends in the horse business. The more we know - the more the equestrian community can grow!
Categories: Insurance, Liability
Do You Need Umbrella Insurance?
Judgments, suits, or settlements seeking millions of dollars are not common, but they can occur. Many people want to be prepared for this ever-present risk by purchasing extra insurance coverage through an umbrella liability insurance policy. Is this coverage right for you? Read More ›
Categories: Insurance, Liability
Farrier Malpractice
Generally speaking, the law imposes a duty on professionals, such as farriers, to use reasonable skill, diligence and attention as may ordinarily be expected of a careful and skillful person in the same profession. If you believe a farrier has fallen short of this standard, you might have grounds to bring legal action against him or her for professional negligence or malpractice. Read More ›
Categories: Liability
Avoid Installment Sale Disputes
Banks do it. Credit card issuers do it. Horses can be expensive, and buyers often want to spread out their payments over time. Should you, the horse seller, do it?
The business of extending credit is risky. The horse seller and the bank have much in common when they agree to extend financing. Both take a risk that the buyer will make payments faithfully. But that is where the similarities end. Banks protect themselves by credit checks, financial disclosures, and detailed contracts. Not so in the horse industry. Horse sellers often part with a horse merely on a handshake and with only a tiny fraction of the purchase price paid up front -- just minutes after meeting a total stranger who wants to buy the horse.
This article discusses some pitfalls of installment sales transactions and offers some practical suggestions for avoiding them. Read More ›
Categories: Sales/Disputes
Why Do Liability Releases Sometimes Fail?
"Releases are not worth the paper they're written on." Is this really true? Generally speaking, no. What is true, however, is that releases of liability (also called "waivers") are probably the most misunderstood contracts in the entire horse industry. Read More ›
Categories: Liability
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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