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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...
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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...
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Common Characteristics of Equine Sale Disputes—And Ways to Avoid Them
Equine sales are on the upswing these days, and many believe we’re now in a seller’s market, with high prices and eager buyers. As a busy lawyer with over 35 years of experience, my phone rings...
View ArticleHow Equine Professionals Can Avoid Payment Disputes and Handle Them Legally...
Presented by Equestrian Professional, equine attorney Julie Fershtman will be speaking on How Equine Professionals Can Avoid Payment Disputes and Handle Them Legally if They Occur. Read More › Tags:...
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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...
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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...
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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,...
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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...
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Equine Health Maintenance Programs at the Boarding Stable – What’s Best?
Teenagers, when they learn to drive, are sometimes cautioned that they’re actually driving five cars at once – cars in front of them, behind them, and on either side in addition to the car in which...
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What’s the Problem with Verbal Contracts?
For decades, this author has written articles on the importance of getting equine-related agreements in writing. Some of the articles even shared common characteristics of effective contracts. Still,...
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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 › Tags: Animal Abuse, Boarding,...
View ArticleNew 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...
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The Return of the Unpaid Internship
For the past eight years, the U.S. Department of Labor (the "DOL") followed a strict six-part test to determine whether a for-profit employer could use interns without compensating them for the...
View ArticleDamage Caused by Boarded Horses -- Who Pays for It?
Broken pasture fences, broken gates, stall dividers kicked through, wash rack hoses and nozzles broken, stall walls bitten through, stall doors broken off of their hinges. For many boarding stables,...
View ArticleNew Year's Resolutions for the Equine Industry
Planning ahead for a successful 2018? You might define “success” as great progress in your showing, breeding, training, racing, and riding. The fact is, however, that people in the horse industry...
View ArticleNew York is 48th State to Enact an Equine Liability Law
On October 23, 2017, New York Governor Andrew Cuomo signed into law that state’s version of an equine activity liability law. Here is a link. The law took immediate effect. Read More › Tags:
View ArticleDog Bite Liability – What Horse Owners and Stables Should Know
Horse owners are often dog owners. While horse owners may concern themselves with liabilities associated with horse ownership, they may lose sight of liabilities associated with their dogs. Dog bites...
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Fine Tune Your Equine Lease to Avoid Legal Battles
Equine-related leases have been increasingly popular. In the horse industry, lease arrangements include horse leases, pasture leases, breeding stock leases, barn or facility leases, and others....
View ArticleShould You Buy a Horse Sight Unseen?
People occasionally buy horses, sight unseen, based on an ad over the Internet or the recommendation of a friend. Many buyers are completely satisfied with their purchases. Unfortunately, some are...
View ArticleEquine Contracts and Genetic Conditions: Horse Owners Beware
Because some horse breeds are known to be predisposed to certain genetic conditions, mare owners typically scrutinize the risks before making breeding decisions. They evaluate stallions’ histories,...
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