Nickels Here, Dimes There – Should Your Boarding Stable Impose Side Charges?
For boarding stables, making a profit can be very difficult. Stables face increasing costs each year such as the cost of hay and employment expenses. Raising rates can be especially difficult, but...
View ArticleChildren, Horses, and Liability: The Law Might Surprise You
A boarder brings her curious and rambunctious 4 year-old son, Henry, to the stable, but he slips away when she enters the tack room, despite her command to stay put, and wanders over to a nearby...
View ArticleHappy Holidays!
Thank you so much for checking out the Foster Swift Equine Law Blog. We are taking a short break from posting and look forward to providing you the latest news and information in 2015. Happy Holidays!...
View ArticleLiability Insurance Coverage – More Affordable Than You Think
Question: Should a riding instructor with a small clientele forego purchasing a policy of liability insurance merely because her business is small? Answer: Definitely not. Even the smallest business...
View ArticleHow Not To Respond To an Equine-Related Lawsuit
You just received papers of a lawsuit that was filed against you. The party suing you demands substantial compensation. What do you do next? Knowing the right answer can be tremendously important—it...
View ArticleWhat Happens When a Twitter 'Tweet' of a Few Words Becomes a Horse Industry...
At Foster Swift, we've successfully defended equine-related defamation litigation. Today we're sharing an interesting case from Massachusetts that arose from a "tweet" of only a few words. The Case...
View ArticleMichigan Stable's Release Within Its Boarding Contract Helps Secure Dismissal...
Imagine owning a boarding stable that had a barn fire, causing loss to some of the horses. Imagine later being sued from a disgruntled boarder whose horse perished in the fire. This happened to a...
View ArticleEquine Gift? Equine Lease? Stop the Guesswork
For years, we’ve received calls like these: “I ‘free leased’ my horse to a friend, but now she refuses to return my horse.” “A neighbor let me ‘rescue’ her horse because she could no longer take care...
View ArticleWhat You Didn’t Know About Equine Insurance
You’re about to apply for equine mortality insurance on your new horse. What you might not know is that these policies are unique, and some features of this type of insurance might surprise you. For...
View ArticleCan You Release Away An Equine Activity Liability Act Claim?
In April 2015, Julie Fershtman travels across the country for two speaking engagements regarding the Equine Activity Liability Acts (“EALAs”), including the National Conference on Equine Law. A lawyer...
View ArticleIs a Loose Girth or Cinch “Faulty Tack” Under an Equine Activity Liability Act?
You take your friend on a trail ride, but an hour into the ride the saddle slips and your friend falls off. He sues. Two hours into a scenic trail ride, a horse provided by a public riding stable...
View ArticleLiability Release Dismisses Wrongful Death Lawsuit Involving California Teenager
As this blog has reported in the past, courts nationwide have disagreed as to whether parents can legally release away personal injury claims of their minor children. In a decision issued earlier this...
View ArticleCalifornia Appellate Court Dismisses Wrongful Death Lawsuit After Farrier...
A California farrier (horseshoer) with 45 years of experience was hired to trim a horse’s hooves. While working in an outdoor corral, the horse knocked him down, and his head hit a rock. He died from...
View ArticleDangerous Land and the Equine Activity Liability Acts
Will “Dangerous Land” Keep Your State’s Equine Activity Liability Act From Protecting You? Julie's recent article, published in the latest Equine Chronicle, addresses this important liability issue....
View ArticleNevada Becomes the 47th State With an Equine Activity Liability Law
47 states now have an Equine Activity Liability Act. These laws, in various ways, limit or control liabilities associated with equine activities. Nevada is the latest state to pass such a law. On May...
View ArticleMichigan’s Equine Activity Liability Act Amended to Remove “Negligence”...
On June 23, 2015, Michigan’s Gov. Rick Snyder signed into law an amendment to Michigan’s Equine Activity Liability Act (“EALA”). The law was amended by Public Act 87 of 2015. You can find it here....
View ArticleCheap Horse – Expensive Problem
An online ad shows a beautiful horse for sale, and the buyer is drawn in. The ad describes the horse as a perfect show horse, unflappable trail horse, kid-friendly, easy-keeper, and free of vices. The...
View ArticleWashington Court Dismisses Equine Injury Lawsuit against Backyard Horse...
Private, Backyard Facility Could Qualify as an “Equine Activity Sponsor” Under Equine Activity Liability Law As of July 20, 2015, 47 states– all but California, Maryland, and New York – have passed...
View ArticleLawn Mower Spooks Horse – Georgia Court Dismisses Injured Rider’s Lawsuit
Spooking Horse Was an “Inherent Risk” and No “Willful or Wanton” Conduct Found As of Aug. 1, 2015, 47 states – all but California, Maryland, and New York – have passed some form of an Equine Activity...
View ArticleDidn’t Read the Stable’s Release? You Might Still Be Bound By It
The stable or instructor gives the customer a liability release to sign. Later, he sues the stable, and when the stable uses the signed release in its defense, the customer admits that he signed it....
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