Does An Equine Activity Liability Act Apply? Take Our Test
State equine activity liability laws generally, but not always, apply to equine activity "participants" who are “engaged in an equine activity” at the time of injury. Over the years, cases have...
View ArticleUpcoming Webinar You Won't Want to Miss
Julie Fershtman is the speaker for tomorrow's webinar through the Certified Horsemanship Association entitled: "Risk Management – What You Need to Know about Liability, Contracts and Releases." Click...
View ArticleRecent Court Case is a Reminder for Owners of Insured Horses
The importance of complying with an insurance policy’s notice requirements has become especially newsworthy thanks to Julie Fershtman’s courtroom victory last year in an equine insurance coverage...
View ArticleLiability Releases and Equine Activity Liability Acts: Utah's Highest Court...
Since the equine activity liability acts were enacted, a question has arisen as to whether a person can legally sign away claims under them. According to the majority of courts across the country...
View ArticleIs a Horse Really "Abandoned"?
When a horse facility takes in a horse for care and keeping, but the horse's owner fails to pay boarding fees and is nowhere to be found, is the horse "abandoned"? Surprisingly, many stables simply...
View ArticleEquestrian Safety Helmets
Equine activities can deliver a deadly impact to your head if you get kicked or fall. Safety helmets are designed to cushion and re-distribute the force of certain blows to the head. Depending on the...
View ArticleJulie Fershtman Scores Another Equine Law Victory
Julie Fershtman, a shareholder at Foster Swift, secured summary judgment in favor of her client, an equine boarding and riding stable, on April 2, 2014. The plaintiff accompanied his granddaughter to...
View ArticleEquine Law Changes in Connecticut
Equine Law changes afoot in Connecticut! The Connecticut legislature just curbed its Supreme Court in a law that trumps Vendrella v. Astriab (the "vicious and dangerous" case) and determines that...
View ArticleMy Leased Horse Appears Neglected – Now What?
Equine leases can generate several kinds of legal disputes, many of which have been addressed elsewhere in this blog. One dispute involves this scenario: The lessee (a “lessee” is the party that is...
View ArticleCollecting Past-Due Board Without The Song And Dance
Boarding stable owners sometimes feel pressured by ever-increasing costs of hay, shavings, and feed, while their clients resist rate increases and sometimes fail to pay. What can a stable do? Many...
View ArticleThe Power of “Open Range” Laws
A small number of states have “open range” districts where land-owners are legally permitted to allow their animals to roam at large, subject to restrictions set by state or local law. Generally,...
View ArticleYour Boarding Stable’s Liability Insurance Is Not Necessarily Your Horse’s...
The scenario is unfortunate: A boarded horse becomes seriously injured while at the stable and must be euthanized on recommendation of the veterinarian. The loss might have resulted from a freak...
View ArticleJulie Fershtman’s Second Equine Law Court Victory in 2014
Within just four months, Julie Fershtman, a shareholder at Foster Swift, has secured two summary judgment courtroom victories in favor of her equine industry clients. The first occurred in April 2014,...
View ArticleWhat You Didn’t Know About Liability Releases
Liability releases are probably the most misunderstood documents in the horse industry. Myths and misunderstandings surround them. Let’s explore common misperceptions regarding releases and the facts....
View ArticleMy Leased Horse Looks Neglected – Now What?
You leased out your horse to a family whose horse-crazy teenaged daughter promised to give him the best of care. After a few months passed, you paid your horse a visit but were shocked at what you...
View ArticleRelease 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...
View ArticleLegal 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...
View ArticleLegal Aspects of the Trial Period: Three Foreseeable Problems and Ways to...
"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...
View ArticleWaivers/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...
View ArticleStable Rules: What’s On Your Wall?
Boarding, lesson, and training stables have one thing in common – they all have clients and visitors on the property. For the general safety of the facility, stable managers sometimes develop and post...
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