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,...
View ArticleSelling a Horse on Installment Payments: Part 1 - What is an Installment Sale?
Banks do it. Credit card issuers do it. Horses can be expensive, and buyers often ask sellers to spread out their payments over months, or even years. Should you, the horse seller, do it? Read More...
View ArticleSelling a Horse on Installment Payments - Part II: Common Disputes
Here are common risks involving installment sales. Part III addresses ways to minimize them. 1) The Buyer Stops Making Payment The most common risk of an installment payment arrangement is also the...
View ArticleSelling a Horse on Installment Payments: Part III – Avoiding Common Disputes
Over the years, horse sellers have entered another’s property, such as a private barn or pasture, in an attempt to repossess a horse, only to face costly legal battles and sometimes even criminal...
View ArticlePapers, Papers - Who has the Papers? Part I – Legal Rights in Registration...
Two months ago you bought the mare you always wanted. Your goal was to win championships in breed-recognized horse shows and then retire the mare for breeding. A terrible problem has derailed your...
View ArticlePapers, Papers - Who Has the Papers? Part II - Avoiding Registration Paper...
Part one of this series explored the buyer's legal rights against sellers who fail or refuse to provide breed registration papers. This part examines suggestions for buyers to consider in an attempt...
View ArticleCan 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...
View ArticleIs 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...
View ArticleHow 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...
View ArticleYour 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...
View ArticleTrick 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...
View ArticleLease Agreements Can Avoid Disputes
Desert Mirage - December 2012 Open entire publication Tags: Sales/Disputes
View ArticleYou Suspect Animal Abuse – Now What?
What do you do if you believe that a professional, such as a horse trainer or veterinarian, engaged in abusive conduct. Know the Risks If you suspect that an equine industry professional is engaging...
View ArticleLiability and Faulty Reins
Equine liability litigation sometimes focuses on the equipment worn by a horse before an accident occurred. Some cases claim that the horse was equipped with defective reins, which caused someone...
View ArticleImportant Alert: U.S. Department of Agriculture Adopts Animal Disease...
On January 9, 2013, the U.S. Department of Agriculture adopted the Animal Disease Traceability Program (ADTP). It takes effect 3/11/2013 and impacts the equine industry. What is the purpose and how...
View ArticleWhen Can You Euthanize Your Insured Horse?
A major difference between mortality insurance on a horse and life insurance on a human is that equine mortality policies typically expect the possibility that the insured horse can be destroyed and...
View ArticleDefamation in the Horse Industry
Maddie, a struggling horse trainer, made up a nasty rumor that another trainer, John, abused his horses and administered performance enhancing drugs. Maddie knew that none of this was true. The...
View ArticleAttention Michigan Horse Dealers: Understand How Michigan’s New Dealer Law...
On October 1, 2012, a new Michigan law went into affect that has implications for certain people or businesses who engage in selling or transporting horses and livestock in Michigan. The law, HB...
View ArticleHorse Racing Liabilities: A Case Study
An interesting, and tragic, case that Julie Fershtman handled several years ago involved a professional race horse driver’s death during a race at a Michigan race track. Julie represented one of the...
View ArticleHow Can a Contract Authorize the Trainer or Boarding Stable Owner to Handle...
In January 2013, Julie was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New...
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