Showing 134 posts in Liability.
Avoiding Disputes: Fershtman Presents Equine Liability Webinar for USHJA
The United States Hunter-Jumper Association (“USHJA”) has asked Foster Swift shareholder, Julie Fershtman, to present a webinar on equine-related liability issues. Her first presentation is titled: “Understanding Equine Liability and How to Avoid Disputes with Insurers.” Read More ›
Categories: Liability
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Review Your Liability Insurance on Insurance Awareness Day
June 28th is National Insurance Awareness Day. Certainly, people in the equine industry may be aware that they have liability insurance, but they sometimes forget to assess whether they have the right insurance. National Insurance Awareness Day offers an annual reminder to review, understand, and update your insurance policies. Read More ›
Categories: Boarding, Compliance, Insurance, Liability, Workers' Compensation
Latest Word on “Dangerous Land” Under State Equine Activity Liability Acts
Courts nationwide have grappled with the meaning of equine activity liability laws – especially their exceptions. Exceptions in the laws are important as they could potentially allow certain lawsuits to proceed. Although all of the equine activity liability acts (referred to as “EALAs”) differ, many share common characteristics. Several include an exception for a “dangerous latent condition of the land.” This article explores how the exception has been faring in the courts. Read More ›
Categories: Boarding, Lawsuit, Liability
Equine Event Liabilities – Plan Ahead
Your club or association wants to organize a horse show or clinic. These events, your group believes, will boost publicity, increase membership, and generate extra money. Usually the event is a success, leaving happy memories and satisfied participants. But sometimes, things can go wrong, such as: Read More ›
Categories: Boarding, Lawsuit, Liability
Legal Ramifications of Providing Veterinary Advice Online
What happens when people give veterinary or legal advice online – but they’re not even veterinarians or lawyers? In the horse industry, this is a surprisingly common occurrence.
Learn more by reading a new Horse Illustrated article on the subject, quoting our own Julie Fershtman: horseillustrated.com/veterinary-advice-online.
Categories: Animal Abuse, Did you Know?, Liability, News, Veterinary Malpractice
Plan Ahead When Lending or Borrowing a Horse Trailer
When Sam was about to leave for a weekend horse show, he discovered that his horse trailer had a broken tail light. Realizing that the problem could not be repaired in time, he asked his neighbor, Jo, to borrow her trailer. She agreed. Within minutes, Sam hitched his truck to Jo’s trailer, unaware that her trailer’s tongue ball socket and his truck’s hitch ball were not compatible – Jo‘s trailer required a hitch with a wider ball. Later, while Bill drove down the highway, the trailer broke away from his truck, injuring his horses, breaking a fence, injuring motorists, and destroying Ann’s trailer.
Lending your trailer may seem to be a simple and friendly accommodation, but accidents can occur and the risk of liability is always present. Insurance issues add to the complexity. Never assume that everyone’s insurance policies protect them against the worst case scenario. Read More ›
Categories: Compliance, Insurance, Liability
Our State Has No Equine Activity Liability Act – Are We Worse Off?
48 states across the country have some form of an Equine Activity Liability Act (as of May 2021). Are people in the two states without such a law – California and Maryland – worse off? If two recent California cases are any indication, courts have shown a willingness to dismiss lawsuits involving people who died in horse-related activities, even without an equine activity liability act. Read More ›
Categories: Did you Know?, Lawsuit, Liability
Unique Liability Risks Involving Minors
This year, I was invited to speak at the American Youth Horse Council’s Virtual Symposium on the topic of “Unique Equine Liability Risks Involving Minors - What They Are and How to Protect Yourself.” This article summarizes my remarks.
Children and horses have a strong bond. Many of us developed our passion for horses when we were young children. Those who provide horse-related activities for children, such as riding instructors and camps, face unique risks because the law looks at children differently than adults. Read More ›
Categories: Contracts, Insurance, Lawsuit, Liability
ABA Publishes Julie Fershtman’s Newest Book on Equine Law
Foster Swift shareholder Julie I. Fershtman’s latest book, Equine Law and Horse Sense, has just been published by the American Bar Association (ABA). Read More ›
Categories: Animal Abuse, Boarding, Breeding, Lawsuit, Liability, Zoning & Land Use
New Cases Show Strength of State Equine Activity Liability Laws
Currently, all states except for California and Maryland have some form of an equine activity liability act (“EALA”). Since the first EALA was enacted 30 years ago, courts have evaluated numerous cases involving these laws. In two recent cases, lawsuits that had been brought by people injured in horse-related activities were dismissed. Read More ›
Categories: Lawsuit, Liability
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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