Equine Law Blog

Half Lease - Whole Problem

The words “half lease” seem unique to the horse industry. In law school, this lawyer never heard the phrase mentioned, and the authoritative legal dictionary, Black’s Law Dictionary, nowhere mentions it. Yet, people in the horse industry, with greater frequency, are entering into arrangements they call “half leases” through which one or more persons (the “lessees”) pay a horse owner (the “lessor”) for shared use of the horse. “Half lease” arrangements might seem budget-friendly, but without careful planning, they could be quite the opposite as disputes could follow. Read More ›

Categories: Contracts, Insurance, Lawsuit, Liability

Posted by: Julie I. Fershtman

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What to Consider Before Organizing an Equine Event

Your club or association wants to organize a horse show. Or, your club wants to hold a clinic and invite a nationally known trainer to offer tips on training, showing, or horsemanship skills to members and guests, many who bring horses to the event. These events, your group believes, will boost publicity, increase membership, and generate extra money.

Things can go wrong, however. Is your club prepared for these: Read More ›

Categories: Insurance, Lawsuit, Liability

Posted by: Julie I. Fershtman

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Your State Enacted or Amended its Equine Activity Liability Act – Are the Changes Retroactive?

When an equine activity liability statute is amended, are the amendments retroactive to the date when the law was initially passed?  Or, do the amendments take effect going forward? 

If an equine-related accident occurs before an equine activity liability act becomes the law, can the court apply the (after-enacted) law?

Courts around the country have examined these issues. This article addresses two cases. Read More ›

Categories: Lawsuit, Liability

Posted by: Julie I. Fershtman

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Liability from Horses in Parades: Injured Spectator Sues Parade Participants and Sponsor

Memorial Day weekend was a time for parades. Horses in parades have brought injuries and litigation.     

Several years ago, an injured Iowa parade spectator filed a lawsuit after being struck by a pony in the parade. The parade spectator wanted to cross the street while the parade was in progress. Before an organized group of horses approached, she perceived a “break” in the parade and then crossed the street while carrying a lawn chair. The chair spooked one of the ponies in the parade. This pony, at the time, was being ridden by two children, ages 4 and 8, but nobody led the pony on foot. When the pony spooked, it bolted, threw the children, and knocked over the spectator.  Read More ›

Categories: Lawsuit, Liability

Posted by: Julie I. Fershtman

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Stable Liability: How Expert Witnesses Can Make or Break an Equine Lawsuit

In equine-related lawsuits, parties often hire expert witnesses to testify at trial. Experts are sometimes called upon to testify about a party's compliance (or lack of compliance) with a standard of care. The role of an expert witness is to assist the judge and jury in understanding key issues in a case. For example, an expert can be asked to testify if the equipment used by a riding instructor was properly selected for the horse and rider.

For trial lawyers handling Equine Law cases, among the most difficult tasks is selecting the right expert witness for a case. In a well-known equine case from Minnesota, the Court refused to allow a party's proposed equine expert witness to testify. The Minnesota Supreme Court ultimately upheld that judge's ruling and affirmed the striking of that expert from testifying. Read More ›

Categories: Lawsuit

Posted by: Julie I. Fershtman

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Liabilities Based On a Slipping Saddle

Rider rents a horse from a stable, instructor, or dude ranch. Rider falls and is hurt, allegedly due to saddle that slipped. Rider sues, alleging that the provider improperly secured the saddle on the horse.

What happens next? Who is liable? Over the years, numerous lawsuits have been brought based on equestrian injuries blamed on saddles that were allegedly defective or improperly tightened.  Read More ›

Categories: Lawsuit, Liability

Posted by: Julie I. Fershtman

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Disabled Girl Fights to Keep Miniature Horse as a "Service Horse" at a City Home

Can a disabled teenager keep a miniature horse in an urban location as a “service horse”? That was the issue in an interesting lawsuit that was decided last year by a federal appellate court in Ohio.

At issue was a Blue Ash, Ohio city ordinance banning horses from residential property. Allegedly acting in response to complaints from neighbors about unsanitary conditions and offensive odors created by the horse, the city wanted residents (Anderson and her daughter) to remove a miniature horse from their property, and it brought criminal charges against Anderson. She and her daughter fought back. Read More ›

Categories: Lawsuit, Zoning & Land Use

Posted by: Julie I. Fershtman

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Lawn Mower Spooks Horse – Georgia Court Dismisses Injured Rider’s Lawsuit

Spooking Horse Was an “Inherent Risk” and No “Willful or Wanton” Conduct Found

As of Aug. 1, 2015, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” The laws typically include a list of exceptions.

Does a horse bucking in reaction to a lawn mower qualify as an “inherent risk” for which the EALA might protect a horse owner from liability? Read More ›

Categories: Lawsuit, Liability, News & Events

Posted by: Julie I. Fershtman

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Washington Court Dismisses Equine Injury Lawsuit against Backyard Horse Facility Owner

Private, Backyard Facility Could Qualify as an “Equine Activity Sponsor” Under Equine Activity Liability Law

As of July 20, 2015, 47 states– all but California, Maryland, and New York – have passed some form of an Equine Activity Liability Act ("EALA"). These laws sometimes share common characteristics, but all of them differ. Most follow a pattern that prevents an “equine activity sponsor,” “equine professional,” or possibly others from being sued if a “participant” who “engages in an equine activity” suffers injury, death or damage from an “inherent risk.” For example, Tennessee’s EALA, T. C. A. § 44-20-103, states:

Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. 

The laws typically include a list of exceptions, many of which this blog has explained. Read More ›

Categories: Boarding, Lawsuit, Liability, News & Events

Posted by: Julie I. Fershtman

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California Appellate Court Dismisses Wrongful Death Lawsuit After Farrier Dies While Shoeing Horse

A California farrier (horseshoer) with 45 years of experience was hired to trim a horse’s hooves. While working in an outdoor corral, the horse knocked him down, and his head hit a rock. He died from his injuries, and his estate sued the horse owner who also owned the property. The trial court dismissed the case, and the California Court of Appeals agreed. Read More ›

Categories: Lawsuit, Liability

Posted by: Julie I. Fershtman

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