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Home | Julie I Fershtman Att. | EQUINE LAW & HORSE SENSE
 





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

Page 1 of 3


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."

Page 2 of 3


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

Page 3 of 3

 




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