New Jersey Court Dismisses Lawsuit against Stable Brought by Injured Visitor
Injured Child Visiting Stable with Family Was Still a “Participant” Under Equine Activity Liability Law As of January 30, 2017, 47 states – all but California, Maryland, and New York – have passed...
View ArticleColorado Appellate Court Strikes Down Recreational Liability Release: Ruling...
Individuals and businesses in the horse industry rely on waivers/releases as part of their risk management programs. We’ve written for years that most states nationwide have shown a willingness to...
View ArticleI’m Not a Boarding Stable, BUT …
A backyard horse owner named Jane boards a few horses during the winter. Jane’s facility has box stalls and an indoor arena, making it desirable during the snowy winter months where Jane lives. Jane...
View ArticleHalf Lease - Whole Problem
The words “half lease” seem unique to the horse industry. In law school, this lawyer never heard the phrase mentioned, and the authoritative legal dictionary, Black’s Law Dictionary, nowhere mentions...
View ArticleWhat is an “Inherent Risk” With Horses?
Nationwide, 47 states now have some form of an equine activity liability act (“EALA”). All of these laws differ, but most share common characteristics. EALAs often provide that “equine activity...
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,...
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...
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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 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...
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 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 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,...
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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 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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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,...
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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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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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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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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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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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