Equine Law Blog

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

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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

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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

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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

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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

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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

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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

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8 Suggestions for Avoiding Equine Sale Disputes

A few years ago I represented buyers of a horse who were victims of sales fraud.  We took the case to trial, and we won.  The judge even ordered the sellers to pay 100% of my clients’ legal fees.

The facts of the case were not complex.  My clients bought a show horse for their daughter, a novice rider.  In sales literature, the sellers represented this horse, a gelding, as “sound” with “no bad habits” and “ready to show.”  My clients brought their daughter before the sale to test ride the horse, and he behaved beautifully in a chaotic environment with many distractions.  Two days after the purchase, however, the horse showed drastic behavioral changes.  He was unruly and dangerous.  The sellers refused to reverse the sale.  Left with a dangerous, unsound, and unsuitable horse, my clients had no choice but to hire me to help.

The fact is, many sales disputes can be avoided.  Here are eight suggestions for what sellers should not do when selling a horse: Read More ›

Categories: Sales/Disputes

Posted by: Julie I. Fershtman

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In Tough Financial Times - What Happens When the Boarding Stable Has Not Been Paid?

In these difficult financial times, more boarding stable customers than ever are falling behind in their board payments.

Stable’s Rights

Many states have stablemen's lien laws (sometimes called “agister's lien laws”) that often give the stable a lien (or right of lien) on the boarded horse.  In some states, the lien is created automatically, but in other states, procedures, such as a suit, must be taken to formalize the lien.  Laws can also address whether the stable can deduct side charges (such as legal fees, hauling fees, sale fees, or others) from the sale proceeds.  With wide variations among the laws, stable managers need to check the law carefully before taking drastic action. Read More ›

Categories: Boarding, Liability

Posted by: Julie I. Fershtman

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Problems People Encounter With Equine Contracts - And How to Avoid Them

I receive numerous calls from people in the midst of contract disputes.  Most people thought they protected themselves by using a contract, only to discover later that the contract was either silent or unclear on an important aspect of the transaction.

Let me share with you some problems people have encountered with equine industry contracts to help you avoid them. Read More ›

Categories: Boarding, Contracts, Sales/Disputes

Posted by: Julie I. Fershtman

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