Showing 134 posts in Liability.
Trick Rider Loses Her Product Liability Case Regarding Defective Saddle
A 2001 case involved the plaintiff, a highly experienced trick rider, who was dragged from her horse and injured while engaging in trick riding activity. She sued the saddle manufacturer, Weaver Leather Goods, claiming that an off-billet on the saddle was defective. Her lawsuit claimed that the saddle maker violated a provision of the Tennessee Uniform Commercial Code by breaching an implied warranty of fitness for a particular purpose. She also sued for products liability and failure to warn. Read More ›
Categories: Liability
Share
Your Stable’s Holiday Party: Avoid Legal Pitfalls
The holiday season is here, and many stables around the country are hosting their annual year-end parties for customers and friends. But celebrations can quickly turn to tragedies. Here are some suggestions to avoid liability: Read More ›
Categories: Liability
How Much Time is Enough Time to Read a Liability Release?
Once you have presented your liability release form to a new customer, how much time is enough time to allow him or her to read the document before signing? In some states, when the enforceability of a liability release is at issue, courts have focused on the amount of time given to the signer before executing the document.
Is “two seconds” enough? Read More ›
Categories: Liability
Is a Babysitter Who Signs the Release for a Child a “Legal Guardian”?
Equine facilities nationwide have encountered the problem of busy parents who allow babysitters, non-parental relatives, or family friends to drive their children for riding lessons. Can a babysitter, relative, or family friend sign a liability release on behalf of the child?
Legally, no. Why? Read More ›
Categories: Liability
Can You Contract With a Child?
A teenager, 17 years old, drives herself to your stable and expresses an interest in buying or leasing one of your horses. She is old enough to drive a car, but is she old enough to enter into a contract with you?
The answer is no. Unless she has reached the age of majority in the applicable state, she does not have the legal capacity to enter into a contract with you. Read More ›
Categories: Liability, Sales/Disputes
Winning Jockey Lost His Own Legal Battle
Ron Turcotte rose to fame after winning Thoroughbred racing’s Triple Crown riding the legendary “Secretariat.” He lost his own legal battle in New York after being seriously injured in a horse race, mainly because of New York’s doctrine of “assumption of risk.” Assumption of risk is a legal defense based on the theory that horse racing is an inherently dangerous sport and professional jockeys or drivers are best situated to know and appreciate the risks involved in the sport. Read More ›
Categories: Liability
Avoiding the “Attractive Nuisance”
Are you held liable if a child trespasses onto your property and is injured?
Hazardous places, conditions, or things on the land that tend to lure unsuspecting children are commonly known as "attractive nuisances." Attractive nuisances are typically not natural conditions of the land, such as a pond, but rather are conditions that were created by the landowner or someone else on the property. Swimming pools are classic examples. Depending on the circumstances and how the state defines an “attractive nuisance,” a horse might qualify. Read More ›
Categories: Insurance, Liability
Tips on Liability Releases from Julie's Article in the State Bar of Michigan Animal Law Section's Latest Newsletter
Liability Releases in Michigan Equine Activities: Why They Fail
State Bar of Michigan Animal Law Section Newsletter - Spring 2012
“Liability releases are not worth the paper on which they’re printed.”
Some of our clients may say this, but the reality in Michigan is that liability releases have been enforced in recreational and equine-related activities. Still, these documents sometimes fail in legal challenges. This article explores liability releases in Michigan equestrian activities and themes in release-related litigation with an emphasis on equine liability. Read more >
Categories: Liability
Boarding Stable Liability for an Injured Horse
When a boarding stable accepts a customer’s horse for care and keeping, the law generally imposes a duty on the stable to use reasonable care. Consequently, a stable could potentially be liable for a horse’s injury even if it had no real intention of harming a horse.
If a boarder wins a case against the stable, the stable might (depending on the facts and the applicable law) be ordered to pay: Read More ›
Categories: Boarding, Liability
No Workers' Compensation for Camp Manager Thrown from a Horse
A summer camp’s Business Manager comes to work over the weekend to “test out” the camp’s newly donated horses, allegedly to determine their suitability, but he is thrown and sustains serious injuries. Is he entitled to recover workers' compensation insurance? No, says a worker’s compensation appeals panel of the Tennessee Supreme Court in Parish v. Highland Park Baptist Church, No. E2010-01977-WC-R3-WC (Tenn. 10/18/11)(unpublished).
Why? Read More ›
Categories: Insurance, 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".
Categories
- News & Events
- Employee Handbook
- Workers' Compensation
- Boarding
- Sales/Disputes
- Fraud & Abuse
- Zoning & Land Use
- Fashion
- Department of Labor
- Billing/Payment
- Employment
- Did you Know?
- Insurance
- Lawsuit
- Breeding
- Licensing
- Contracts
- Defamation
- Veterinary Malpractice
- Compliance
- Animal Abuse
- Liability
- Regulatory
- Radio Broadcasts
- News
- Labor Relations
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.
Follow Us on Twitter!
Follow us for updates regarding news, cases, disputes, and issues regarding Equine Law. @horselawyers