Equine Law Blog

How Long Does a Stable’s Equine Liability Release Last?

We are often asked how long a waiver or release “lasts.” The answer depends on several factors, such as:

• Did the document specify that it was only intended to be valid for activities taking place on the day when it was signed?
• Does a state law supply a time limitation during which the document is valid?

Categories: Liability

Posted by: Julie I. Fershtman

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Are all Horses "Vicious or Dangerous"? More on the Connecticut Supreme Court Case

Many in the industry have been discussing the Connecticut Supreme Court case of Vendrella v. Astriab Family Limited Partnership. Oral arguments took place recently, and we await an opinion.   Here's a discussion of the case. ›

Categories: Liability

Posted by: Julie I. Fershtman

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Finding Low Cost Legal Services in Difficult Financial Times

We receive numerous calls and e-mails from people in the midst of serious legal issues who are unprepared for, or unwilling to undertake, the expense involved in hiring a lawyer. For example, a trainer could be faced with a lawsuit arising out of a sales agency. An individual horse owner might want to “free-lease” her gelding to a friend and want a contract that protects her as much as possible in the situation.

How can people who cannot afford a lawyer seek legal services at low, or no cost? Read More ›

Categories: Contracts, Employment, Liability

Posted by: Julie I. Fershtman

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My Risk Management Program is My Liability Release

Well-intentioned horse owners and equine professionals sometimes expect a well-written release of liability (sometimes known as a “waiver”) to be their sole weapon in their efforts to avoid liability. Acting on the mistaken belief that those who sign releases cannot bring lawsuits, some people even consider cancelling their liability insurance policies. Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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Equine Liability Coverage – Test Yourself, and Protect Yourself

Do you understand what equine-related liability insurance policies do? Many people in the horse industry learn the shortcomings of their liability insurance policies after something goes wrong.

To gain a better understanding of how these policies work, here are examples of some occurrences: Read More ›

Categories: Insurance, Liability

Posted by: Julie I. Fershtman

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Someone Was Hurt While Riding Your Horse - When Saying “So Sorry” Might be Enough

You allowed someone to ride your horse, but the worst-case scenario later came true – your friend fell off and was injured. Certainly, the immediate response is to make sure that your friend received proper medical attention and that your friend is safe. But can your words, made after the fact, form a basis for liability? Sometimes they can. In a recent case from New Jersey, in fact, they did. Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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Can the Government be Held Responsible for a Breeding Farm’s CEM Outbreak?

A few years ago, some valuable breeding stallions contracted Contagious Equine Metritis (“CEM”), an equine venereal disease, while boarded at a breeding farm in Kentucky. The stallion owners sued the breeding farm, alleging that it was negligent in allowing the CEM to spread to their stallions from an incoming stallion, who had been brought to the farm from a Wisconsin quarantine facility where it contracted the CEM. [CEM is regulated by the United States Department of Agriculture (“USDA”), in part through its importation guidelines for horses that arrive from foreign countries and are quarantined. These guidelines also prohibit horses with CEM from being imported into the United States.] Read more about the case ›

Categories: Boarding, Breeding, Liability, Regulatory

Posted by: Julie I. Fershtman

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Do-It Yourself Equine Contract Blunders

Horse owners are, in large part, self-reliant people. They train their own horses, fix their own equipment, and some even do their own hoof trimming and routine vaccinations. When people try to take legal matters into their own hands, however, problems sometimes occur. Here are some examples taken from real cases: Read More ›

Categories: Contracts, Liability

Posted by: Julie I. Fershtman

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“The Goat Ate My Equine Activity Liability Act Warning Sign”

Equine Activity Liability Acts, now found in 46 states, frequently include requirements that “equine activity professionals” and sometimes “equine activity sponsors” post warning signs on the premises. One example of such a sign, from the Commonwealth of Massachusetts, states:

WARNING

Under Massachusetts law, an equine professional is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 2D of chapter 128 of the General Laws.

But what happens if the “warning” sign falls off or disappears? Will the “equine activity professional” lose benefits from the equine activity liability act? Read More ›

Categories: Liability

Posted by: Julie I. Fershtman

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Letting Someone Ride Your Horse? Consider the Legalities

“Can I borrow your horse?” We hear this question from friends, acquaintances, co-workers, and relatives. When we answer “yes,” what usually follows is a fun and pleasurable experience. Sometimes, however, the opposite holds true, someone is hurt, and a lawsuit follows.

This article briefly discusses why people sue others who lend out horses and offers some suggestions for horse owners to try to protect themselves. Read More ›

Categories: Insurance, Liability

Posted by: Julie I. Fershtman

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