Showing 134 posts in Liability.
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
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Liability Release Dismisses Wrongful Death Lawsuit Involving California Teenager
As this blog has reported in the past, courts nationwide have disagreed as to whether parents can legally release away personal injury claims of their minor children.
In a decision issued earlier this year, a California appellate court found that a horse trainer/riding instructor's release of liability, signed by a mother as well as her teenage daughter, was enforceable. Accordingly, the court held that a lawsuit against the trainer (who was also referred to as a "coach") arising from the teenager's death, was properly dismissed. Read More ›
Categories: Lawsuit, Liability, News & Events
Is a Loose Girth or Cinch “Faulty Tack” Under an Equine Activity Liability Act?
- You take your friend on a trail ride, but an hour into the ride the saddle slips and your friend falls off. He sues.
- Two hours into a scenic trail ride, a horse provided by a public riding stable walks up a hill, but the saddle slips and spooks the horse. The guest falls and files a lawsuit.
If any of these incidents occurred in a state with an Equine Activity Liability Act (“EALA”), could the injured rider base his or her lawsuit on the “faulty tack or equipment” exception? *
Over the years, courts have examined the issue of what qualifies as “faulty tack or equipment.” In these two cases, the courts were convinced that a loose cinch or girth does not. Read More ›
Categories: Liability
Can You Release Away An Equine Activity Liability Act Claim?
In April 2015, Julie Fershtman travels across the country for two speaking engagements regarding the Equine Activity Liability Acts (“EALAs”), including the National Conference on Equine Law. A lawyer with hands-on experience involving these laws nationwide, Julie will discuss recurring issues. Forty-six states now have some form of an EALA (except for California, Maryland, Nevada and New York).
One recurring issue is whether an injured person’s claims under an EALA can be released away. The majority view is that waivers/releases can potentially bar EALA claims. Courts in these states (as of 3/2015) have issued rulings to this effect: Read More ›
Categories: Liability, News & Events
Michigan Stable's Release Within Its Boarding Contract Helps Secure Dismissal of Lawsuit
Imagine owning a boarding stable that had a barn fire, causing loss to some of the horses. Imagine later being sued from a disgruntled boarder whose horse perished in the fire. This happened to a Michigan stable, and the stable faced an aggressive legal challenge from the boarder. In the end, the trial court dismissed the case and the Michigan Court of Appeals affirmed the dismissal in 2014. Why did the stable win? The liability release in its boarding contract played an important part of this result. Read More ›
Categories: Boarding, Contracts, Lawsuit, Liability
Children, Horses, and Liability: The Law Might Surprise You
- A boarder brings her curious and rambunctious 4 year-old son, Henry, to the stable, but he slips away when she enters the tack room, despite her command to stay put, and wanders over to a nearby stall. He opens the stall door, allowing a yearling inside to run loose. The yearling gallops into the road, collides with a car, and motorists are injured. They sue the stable.
- Before Sarah, 15 years old, takes a riding lesson, the instructor requires her parent to sign a liability release. Minutes later, Sarah falls off during the lesson and is injured. She sues the instructor.
Misunderstandings and myths abound when it comes to liabilities involving children. Make sure to separate fact from fiction. Read More ›
Categories: Boarding, Insurance, Liability
Waivers/Releases of Liability – Not Just For Riders
The scenarios are all too common in the horse industry:
- The stable’s liability release, by its terms, states only that it applies to "riders" of horses.
- Stable management only present the stable’s release form to boarding, training, or riding customers – and nobody else.
From a risk management standpoint, these stables could protect themselves better. As our experience tells us, spectators and visitors sometimes get injured on the premises, and when they do, lawsuits can follow. Read More ›
Categories: Liability
Legal Aspects of the Trial Period: Three Foreseeable Problems and Ways to Avoid Them
"Try out my horse for few weeks. See if you get along with him."
These were the words of a sincere, well-intentioned seller who only wanted a satisfied buyer. Could anything possibly go wrong with this trial period arrangement? Let’s explore three possible problems and ways to avoid them. Read More ›
Categories: Insurance, Liability, Sales/Disputes
Legal Aspects of an Exercise Rider Business
In an effort to spend time with horses, while also raising cash, some people in the horse industry develop small businesses. We have received calls from people interested in establishing an exercise riding business where they visit people’s stables, saddle up designated horses, and work the horses on tracks, trails, arenas, or fields. In many instances, exercise riders work alone and must groom and saddle each horse. Very often, the exercise rider receives little information about the horses they’re asked to work. If you are considering an exercise riding business, here are a few suggestions: Read More ›
Categories: Contracts, Insurance, Liability
Release of Liability Failures – And How to Avoid Them
Your liability release might not be as strong as you think. Though courts in most states have shown a willingness to enforce releases of liability (when properly worded and signed), there is never a guarantee that all courts will accept and enforce your release. Why have releases failed? Here are examples of a few documents that failed in a legal challenge because the courts believed they were improperly drafted: Read More ›
Categories: 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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