Equine Law Blog

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Attention Michigan Residents and Equine Business Operators:

Please contact your legislator to support Senate Bill 738. This bill, which Julie helped draft, will "fix" a serious weakness in Michigan's Equine Activity Liability Act, MCL Section 691.1661, et seq.  Senate Judiciary Committee hearings will begin soon.

Blog Contributors

Certain [Non-Equine] State Laws Can Impact Your Contracts

The right contract language can help avoid disputes or reduce your expense if a dispute should arise.  Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes.  One detail to consider in equine contracts is attention to certain laws that could impact the contract or the rights of the parties.

Examples of some contract provisions affected by state law are: Read More ›

Equine Activity Liability Acts Impact Contracts

As of April 2012, 46 states (all but California, New York, Nevada, and Maryland) have passed laws that are designed to limit or control liability involving equines and equine activities.  In many states, these laws have created an important fine point for horse-related contracts. Several of the laws require special language in certain equine-related contracts or releases. 

The state-by-state requirements, based on equine activity liability law differences, can vary considerably.  For example, Ohio’s law requires a statement of inherent risks in certain contracts: Read More ›

Avoid Disputes by Identifying the Horse in Your Contract

We occasionally receive calls from horse buyers who suspect that the horse delivered to them was not the horse they thought they bought.  The problem is, almost all of these buyers had no contract and no clear identification of the horse.

Everyone benefits if the contract specifies the horse involved.  To help avoid disputes, an equine-related contract can specify the horse's: Read More ›

Who Are You Contracting With? The Importance of Identifying Parties Properly

The right contract language can help avoid disputes or reduce your expense if a dispute should arise.  Details can separate marginal contracts from effective ones. Details can also help prevent legal disputes.  A key detail to consider for a contract is identifying the parties involved. Read More ›

Common Myths Regarding Equine Insurance - Part 3 of 3

The first two articles in this series explored myths 1-10 surrounding equine-related insurance (Myths 1-5 and Myths 6-10).  Remember, it is important to read your insurance polices thoroughly and not rely on common myths.  Let's take a look at myths 11-15 in the final part of this series. Read More ›

Common Myths Regarding Equine Insurance - Part 2 of 3

Relying on myths and failing to read your insurance policies can lead to costly mistakes.  This series explores 15 of the most common myths surrounding equine-related insurance.  Check out myths 1-5 in my post from last week.  Let's review myths 6-9 here: Read More ›

Common Myths Regarding Equine Insurance - Part 1 of 3

When it comes to equine-related insurance, myths and misconceptions have plagued the horse industry for years.  People fail to read their policies and instead rely on myths, making costly mistakes.  Coverage may be denied because they failed to comply with an important policy condition.  Or, in some cases, people learn that the policy they bought offers no coverage for the problem at hand.

This series will explore 15 of the most common myths surrounding equine-related insurance.  Here are the first 5: Read More ›

Why Equine Lawsuits Sometimes Settle

Some statistics say that as many as 97% of cases are settled or dismissed without ever going to trial.  Many people believe that out-of-court settlements are downright wrong, especially if your position in the case seems strong and winnable.  Why do cases settle? Read More ›

How to Enforce a “Live Foal Guarantee” in a Horse Sale

In the horse industry, sellers sometimes offer mares for sale as a “2-in-1 package” where the mare is represented as being in foal.  But what if the mare fails to carry a foal to term?  What if the foal dies soon after the birth?  Can a mare owner enforce a “live foal guarantee” on a breeding that he or she never arranged?  Mare owners have options. Read More ›

Are Your Barn Helpers Excluded “Employees” Under Your Liability Insurance?

Farms and stables often bring on “casual” labor, especially during times when hay is being loaded or other occasional labor-intensive chores are in progress.  What happens if one of these occasional helpers is hurt and you have no workers' compensation insurance.  Will your business liability policy protect you? Read More ›