Showing 9 posts from August 2011.
Lawsuits for Defective Equine Products
Disputes involving defective horse feed have, in some instances, turned into lawsuits. Several years ago, I worked on a case where a horse died from blister beetle poisoning, and the horse owners sued a product manufacturer, the hay grower, and the hay seller.
“Blister beetle poisoning” is a type of poisoning that can result when a horse ingests a number of beetles called “blister beetles.” In the tissue of these types of beetles is a toxic substance called “cantharidin.” Blister beetles sometimes swarm in or near alfalfa fields in certain regions of the United States, typically the Southwest, and at certain times of the year. When those alfalfa fields are cut and baled for hay, blister beetles sometimes get caught in the hay and are not always immediately visible. Later, horses eating the hay might ingest blister beetles. Some will die or become seriously injured. Read More ›
Categories: Liability
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Horse Tip Daily #488 - Equine Liability Part #2
This covers practical suggestions for avoiding liability in equine and equestrian activities.
Categories: Liability, Radio Broadcasts
Veterinary Malpractice - More Complex Than You Think
Veterinary malpractice cases are filed far less frequently than medical malpractice cases. Why? The tremendous expense and effort associated with malpractice cases often prompts people to take no legal action, purely out of economic concerns. Also, the law looks at animals, and their values, in a different way than animal enthusiasts do; as a result, almost every state will award significantly less if the case involves veterinary malpractice than it would award if the matter involved an injured human. Read More ›
Categories: Liability, Veterinary Malpractice
Horse Tip Daily # 487 - "Equine Liability Part #1"
This segment addresses equine and equestrian liabilities in a general way as well as state Equine Activity Liability Acts.
Categories: Liability
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
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
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
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
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
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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