Showing 5 posts from September 2011.
Can Injured Trainers Sue Horse Owners?
Horse trainers, it might seem, should expect the risk of being thrown or injured by the horses they train. Over the years, however, injured trainers have sued their clients, and sometimes they win. As explained below, trainers are more likely to win if they can prove that the owner or stable knew that the horse had unusually dangerous tendencies but failed to warn them. Trainers are more likely to lose if the risk at issue was an “inherent risk” or an “assumed risk.” Read More ›
Categories: Liability
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Equine Leases – Avoiding Disputes When They End
What happens when an equine lease ends, but the lessee refuses to return the horse? Can the lessor (the “lessor is the one who owns the horse and leases it to another) simply enter the premises and remove it? A lessor owns the horse, and one would expect that he or she can simply re-claim the property, even if it means entering someone else's land and taking away the horse. Be careful!
Problems can occur, especially when a lease agreement is not in writing. For example, what if the “lessee” (the “lessee” is the one who takes possession of the leased horse under the terms of the lease agreement) thought he bought the horse? Or, what if the lessee thought the lease was not over? Read More ›
Categories: Contracts, Sales/Disputes
Watch Out For Horse Show Liabilities
We expect judges to appear at horse shows. But horse shows sometimes appear before judges – in a courtroom.
Liabilities
Participants and spectators are occasionally injured at shows. When this happens, they sometimes sue under theories of negligence or an applicable state equine activity liability act. Both are discussed briefly below. Read More ›
Categories: Liability
Horse Tip Daily #496 - Veterinary Malpractice 101
This segment addresses the basics of veterinary malpractice - what it is and what it isn't.
Categories: Liability, Radio Broadcasts, Veterinary Malpractice
Perils of the Verbal Contract
“Get it in writing!” No matter how often lawyers utter these cautionary words, people in the horse industry continue to do business on a handshake. Unfortunately, legal disputes involving verbal agreements are rarely quick, easy, or cheap to resolve. Why?
With nothing in writing, each party to the transaction often has a totally different understanding of what it involved. As a result, it sometimes takes a lengthy lawsuit to prove the contract’s terms.
Those who fail or refuse to use written agreements accept the risk that any number of problems can occur. Here are some of them: Read More ›
Categories: Contracts, 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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