EQUINE LAW & HORSE SENSE
by Julie I. Fershtman, Attorney at Law
TABLE OF CONTENTS
Chapter One - Introduction
Chapter Two - The Law and Equine Facilities – From Back Yard to Commercial
Protect Your Right to Keep Horses in Your Community The Nuisance That Could Permanently Close a Horse Facility Fighting Back (in Court) Against the Trespasser
Chapter Three - Special Equine Business Issues
Independent Contractor or Employee: It Pays to Know The Difference The Problem of Collecting Unpaid Boarding Fees
Chapter Four - Equine Transactions and Contracts
Sales
A Practical Guide to Buying Your First Horse
Sales Contracts
The Five Minute Sales Contract (For People Who Would Otherwise Deal on a Handshake)
Boarding/Leasing/Breeding/Purchase & Sale/Training/Multi-Purpose Equine Contracts
Protection of Horse Owners and Horse Facilities by Written Agreements
Boarding Contracts
Turning a Good Boarding Contract into a Great Contract
Breeding Contracts
Evaluating Your Breeding Contract – Will it Protect You From Disputes?
Chapter Five -Liability Waivers or Releases
Can Your Facility's Liability Release Effectively Protect You Against a Negligence Lawsuit? Fifteen Ideas Regarding Equine Activity Liability Releases
Chapter Six - Equine-related Liabilities and Avoiding Them
The National Equine Liability Laws Understanding Negligence Premises Liability Liabilities Involving Children Avoiding the “Attractive Nuisance” Eighteen Suggestions for Avoiding Liability Safety Helmets: Ignore Them at Your Peril Handling Personal Injuries That May Arise on the Premises
Chapter Seven - Maximizing the Value of Equine Insurance
A General Overview of Equine-related Insurance Five of the Most Common Equine Insurance Mistakes People Make and How to Avoid Them Why Insurance Companies and Lawyers Sometimes Settle Cases Out of Court
Chapter Eight - Resolving Simple Equine [and Non-Equine] Disputes Out of Court
Understanding the Mechanics and Costs of a Typical Lawsuit Writing an Effective Demand Letter Arbitration Mediation Small Claims Court
Chapter Nine - Glossary of Legal Terms
Chapter Ten - List of State Equine Liability Laws (as of November 1995)
Praise for "Equine Law and Horse Sense"
"I couldn't put the book down! Every horse owner should have a copy of this book in their library. Whether you own one horse or a stable-full, are an instructor, rider, or a breeder you will find dozens of valuable tips written in an interesting, easy to read style. This book could save the life of your horse in the case of colic, spare you from a lawsuit, or give you the means to spearhead the building of trails in your urban area. . . . Julie Fershtman's HORSE SENSE makes good sense and is an invaluable investment."
Linda Tellington-Jones
Author and International Clinician New Mexico
"I have been thoroughly intrigued with Equine Law & Horse Sense. Julie Fershtman's new book is a refreshing addition to any horse library. I recommend this reading for any horse owner, teacher, trainer, professional, or amateur. It is rather a must to keep close at hand at all times."
George H. Morris
Master Instructor New Jersey
"Equine Law & Horse Sense by Julie I. Fershtman, Attorney at Law, is an excellent handbook that every horse owner should buy, read, and re-read annually. It is designed to help keep you out of legal trouble by describing and explaining the issues of concern to today's horse owners. Julie Fershtman certainly has her finger on the pulse of today's equine legal issues. This book is a must for riders, breeders, trainers, land owners, and anyone involved with horses for profit or pleasure."
Cherry Hill
Clinician and Author of: Horsekeeping on a Small Acreage, and 101 Arena Exercises
Colorado
"For the first time! A legal guideline for EVERYONE and ANYONE in the horse industry. This book will answer questions [and] create good business ethics. . . .."
Lynn Palm
International Instructor Michigan
"[Julie Fershtman has] done a great service to the horse industry with this forthright and understandable new book, Equine Law & Horse Sense. . . . It makes sense, it's clear, and it's right on target."
Denny Emerson
Master Instructor Vermont
"A really valuable book that is clear and organized for a layman to understand. Equine Law & Horse Sense addresses issues that no
horseperson, owner, professional, or hobbyist can afford not to know."
Sue Harris
Clinician/Author of The U.S. Pony Club Manual and Grooming to Win New York
"Julie I. Fershtman is looking out for all of us in this important new book. Whether you own, lease, board or run a small or large stable, there's something here that could prove of vital importance. The author's clear approach makes the book easy to understand, and even more importantly, she tells us how and why to protect ourselves. A rider herself, Julie writes without the typical lawyer jargon. This book should be on the bookshelf of every rider and owner. Don't borrow it or lend it -- this is a keeper."
Charlotte Brailey Kneeland Director, American Riding Instructors Association
New Hampshire
"Equine Law & Horse Sense is the best book available today concerning the wide variety of legal topics pertinent to the current day horse industry. . .."
Linda Liestman, President North American Horsemen's Association
Minnesota
"Equine Law & Horse Sense by Julie I. Fershtman is a practical and interesting introduction to equine law in the U.S. Its clear explanations will help horse owners and professionals to avoid disputes and lawsuits; it will also help horse people to work better with their own attorneys and insurance companies. I particularly liked the sections on liability waivers and avoiding insurance mistakes. The book is a lively balance of easy to understand explanations of the legal system as it relates to horses and common sense suggestions as to how to avoid having to deal with its complexities."
Dru Malavase Chair, ASTM Committee on Equestrian Protective Headgear Chair, U.S. Pony Club Curriculum Standards Committee
New York
"Equine Law & Horse Sense is one of the most valuable books anyone involved in the horse business could own. Julie Fershtman has simplified and clarified the most important issues of our relationship to the legal system. This is a vital tool for stables, breeding farms, riding camps, or any type of riding program. The average horse owner should read it from cover to cover.
Dan Arnold, Director of Training & Certification
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The Association for Horsemanship Safety & Education (CHA)
Texas
"The information is excellent. It will benefit any individual horseman or an organization in its planning for safe horsemanship."
Doris Bixby Hammett, M.D., Secretary/Treasurer American Medical Equestrian Assoc., Inc.
North Carolina
"No one should dare to be in the horse business, even on a small scale, without a fundamental understanding of the important legal issues involving contracts and liability. I know of no other book available that will provide such understanding as well as this one."
Richard W. Wilcke Executive in Residence, University of Louisville Equine Industry Program
Kentucky
"[Equine Law & Horse Sense] provides very readable, . . . clear, thorough, and thoughtful information."
Maria S. Calderone, D.V.M. Chairperson, Dep't. of Equine Science Otterbein College, Ohio
"What a needed publication for both professionals and others participating in the horse industry."
Cecile K. Hetzel Dunn Director, Equine Careers & Industry Development, Salem-Teikyo University Board of Dir., American Horse Shows Assn.
West Virginia
"I found [Equine Law & Horse Sense] extremely well designed for quick referral and important accessible information . . .."
Betty Bennett-Talbot President/Founder, Horsemanship Safety Association, Inc.
Florida
"Julie [Fershtman's] book, Equine Law & Horse Sense, expands on the issues she presents so wonderfully during her public speaking engagements. It is a clear, concise and educational resource for all horse owners."
William Scebbi, Executive Director North American Riding for the Handicapped Association
Colorado
* * *
MAGAZINE REVIEWS/WEB REVIEWS OF EQUINE LAW & HORSE SENSE
"Equine Law & Horse Sense delivers -- from both the horseman's point of view and the attorney's - and in a most common sense way."
Western Horseman
January 1997, p. 156
"* * * Equine Law & Horse Sense is a book that every horse owner and equine professional should have on his or her reference shelf."
Horse Illustrated
August 1996, p. 110
" * * * From the sales contract to the myriad of liability issues that can impact your level of enjoyment of horses, Equine Law & Horse Sense is a handbook for all levels of horse enthusiasts. Whether horses are your business or simply your passion, this book, priced at less than twenty dollars, can be classified as a sound investment."
HorsePlay/August 1996
"This book and its information is recommended to everyone in the horse community, whether they are planning to get a horse, already own one, have a stable or a large horse facility or are an instructor with one or many students."
American Medical Equestrian Association News
May 1996, p. 15
"This is the best book on the market on equine law. . . The author has a practical, readable style that delivers the pertinent information in an understandable, useful way. . . . How refreshing to find an attorney that stresses the preventive side of the law. . . . Because Fershtman has horse experience, she has the horseman's interest at heart. You can sense this as you read. This book covers it all from transactions to insurance, how to stay out of court, and what to do when you find yourself in a lawsuit. This book is a must for anyone involved with horses for profit or pleasure."
Rural Heritage Magazine Summer 1996, p. 74
"This book . . . is written in clear English. It goes through just about every situation a private horseman or full-scale training barn is likely to encounter. Very usefully, it analyzes the way most horse operations are managed and how common errors can be avoided. And the knowledge expressed doesn't just come out of a statute book."
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The Horsemen's Voice
May 1996, p. 17
"If you only purchase one book this year, make it this one. Its cost of under $25.00 could literally save you millions."
Midwest Equine Market and Horsemen's Guide
March 1997, p. 10
“Equine Law [& Horse Sense] is understandable by the non-lawyer, yet introduces readers to the legal terminology that will be flung freely in any courtroom and law office. . . . This book can help you learn the extent of your liability.”
The Quarter Horse Journal
October 1996, p. 366
“An attorney specializing in equine law, Fershtman set out to ‘fill a need within the horse industry for a book that presents general legal principles in a down-to-earth and understandable way.'”
Horse Illustrated
August 1996, p. 110
“There are certain measures you can take as a stable owner, dude rancher, etc., that will substantially decrease your risk of frivolous lawsuits. . . .This book can give you some valuable ideas about being cautious and well-prepared if something goes wrong.”
The Quarter Horse Journal
January 1998, p. 106
“Fershtman has written a reasonably accessible book to help readers avoid situations that could lead to disputes, . . . to know when to send for help, and to have an understanding of what to expect from a lawyer and the court system.”
USCTA News
November/December 1996, p. 41
“The book combines general principles of the law with ‘horse sense' tips to help people avoid legal disputes. Without complicated legal language, the book is easily understandable.”
The Horse Magazine April 1996, p. 65
“Is your community trying to turn trails into tract houses? Are you liable if a child gets bitten feeding your horse without your permission? How solid is that liability release form your boarders sign? In Equine Law and Horse Sense, attorney Julie I. Fershtman answers these questions and more, clearly and concisely.”
Horse & Rider
February 1997, p. 16
“A valuable book to have in every horse owner's library. Julie Fershtman provides practical and easy to understand information on equine law and because she has horse experience, she is right on target keeping the horseman's interest at heart.”
Equerry.com/Bookstore
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