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





MORE EQUINE LAW & HORSE SENSE
by Julie I. Fershtman, Attorney at Law

TABLE OF CONTENTS

Chapter One - Making Equine Law Accessible and Affordable

How to Find & Hire the [Equine] Lawyer Right for You
How to Win Back Your Legal Fees in a Legal Dispute
Finding a Lawyer at Low Cost
A Lawyer as Your “Legal Coach” While You Do Most of
the Work Yourself

Chapter Two - Contracts and How To Avoid Disputes
With Them

Avoiding the Pitfalls That Create Disputes Involving an
Equine-related Contract
Ten Important Details for Equine Contracts
How the Equine Activity Liability Laws Affect Contracts
and Releases of Liability

Chapter Three - Equine Sales

Papers, Papers - Who Has the Papers? How to Avoid
Disputes About Registration Papers
Selling a Horse on Installment Payments? Know the
Pitfalls Before You Leap
Legal Aspects of the Trial Period - Five Foreseeable
Problems and How You Can Avoid Them
Injunction Proceedings in the Horse Industry
How Legal Are Your Advertisements?

Chapter Four - Relationships–Boarding,
Training, Sharing and Leasing Horses

The Horse Owner's Guide to Achieving a Good
Relationship With the Boarding Stable
Liability of the Boarding Stable for Injuries to Its
Customer's Horses
Legal Aspects of the “Half-Lease”/Share Boarding
Arrangement
How to Achieve a Positive Relationship With Your Horse
Trainer
How to Avoid Common Disputes Involving Equine Leases

Chapter Five -Selecting and Managing an Equine
Business

Selecting the Right Structure for Your Business
Business Tips for Self-Employed Equine Professionals
Will Your Corporation Limit Your Personal Liability? Nine
Suggestions for Taking Your Corporation Seriously

So That Others Will, Too
You're an Equine Partnership – Now What?

Chapter Six - Land Use and Zoning Issues

What is Horse Friendly Zoning?
Horse-Related Zoning Battles – How to Launch a
Strategy So That Everybody Wins
How to Buy Horse-Friendly Real Estate Without Buying
a Land-Use Lawsuit
What to Consider Before an Equine Professional
Conducts Business in Your Barn

Chapter Seven - Equine Liabilities–The Latest
Developments & How to Avoid Liability

How Have the Equine Activity Liability Laws Been Faring
in the Courts? A Review of the Court Cases
Putting the Equine Liability Laws to the Test
Understanding & Avoiding Equipment-Related Liabilities
Eight Strategies for Avoiding Liability

Chapter Eight - Liability Waivers and Releases

Do You Need a Liability Release?
Why Liability Releases Fail

Chapter Nine - Other Legal Rights You Should Know

Looks Like Veterinary Malpractice – Now What?
Liability for Defective Products
Mind Your Message – How Defamation Can Affect the
Horse Industry
Understanding Your Legal Right of Publicity

Chapter Ten - Insurance
Trouble Saving Information and Tips

15 Common Myths Regarding Equine Insurance
Who Needs Worker's Compensation Insurance?
Maximum Protection With Umbrella Insurance

Chapter Eleven - Association, Organization,
and Event Legal Issues

Protecting the Volunteer Work Force From Liability
Dispelling Myths Regarding Non-Profit Corporations

Chapter Twelve - Glossary of Legal Terms

Appendix

Chart of Equine Activity Liability Laws With Sign
Posting and Contract Language Requirements (As of
January 2000)

 Praise for "More Equine Law & 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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