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Home | Equine Law
 
Equine Law

Equine Law
for Horse Business Owners

Welcome to our Equine Law department. Here you will find articles relating to a variety of equine law issues that affect horse professionals.

The vast majority of the current articles are focused on equine laws in the USA. However, we are in the process of gathering together equine law experts from around the world.
EQUINE LAW ARTICLES
3 Common Denominators In Horse Business Legal Disputes - Why Lawyers Are Like Health Insurance3 Common Denominators In Horse Business Legal Disputes - Why Lawyers Are Like Health Insurance
Adam Trenk, Esq.
In the horse industry, it is common for us to rely on professionals. We use veterinarians, farriers, and trainers to help us in our pursuits and give us peace of mind that our equine affairs are in g . . . More

Selling a Horse on Installment Payments?
Know the Pitfalls Before You LeapSelling a Horse on Installment Payments? Know the Pitfalls Before You Leap
by Julie I. Fershtman, Attorney at Law
Banks do it. Credit card issuers do it. Horses can be expensive, and buyers often want to spread out their payments over time. Should you, the horse seller, do it? Whether you are a lending institutio . . . More

Equine Client Snatching   When people say horrific things...Equine Client Snatching When people say horrific things...
Peter J. Sacopulos, JD
Heidi Henry loves horses. She has been caring for them since the 1960's. She got her first barn when she was 16-years old. In 1982 she became a professional rider and trainer. Today, she owns and ope . . . More

Questions for an Equine Law Practitioner - Myths Regarding Non-Profit Corporations
Julie I. Fershtman, Attorney at Law
Dear Ms. Fershtman: My husband and I want to set up a horseback riding program that serves disabled people. Is it true that if we set it up as a corporation, the business cannot be sued? . . . More

Can Injured Trainers Sue Horse Owners?Can Injured Trainers Sue Horse Owners?
Julie I. Fershtman, Attorney at Law
Horse trainers, it might seem, should expect the risk of being thrown or injured by the horses they train. Over the years, however, injured trainers have filed lawsuits against those who hired them a . . . More

MEMBERS OUTLINE - CALIFORNIA'S HORSE SALES LAW: THE JESS JACKSON MEMORIALMEMBERS OUTLINE - CALIFORNIA'S HORSE SALES LAW: THE JESS JACKSON MEMORIAL
Paul B. Husband, Attorney at Law
This article outlines the changes in California Business and Professions Code Section 19525 point by point and gives several suggestions for steps and changes horse professionals may want to make in . . . More

Questions for an Equine Law Practitioner: 
What Riding Instructors Should Know About ContractsQuestions for an Equine Law Practitioner: What Riding Instructors Should Know About Contracts
Julie I. Fershtman, Attorney at Law
Professional riding instructors have tiring, tedious, and incredibly time-consuming jobs. Though they differ widely in their riding disciplines, teaching styles, and preferred equine breeds, many of . . . More

Watch Out for Horse Show LiabilitiesWatch Out for Horse Show Liabilities
Julie I. Fershtman, Attorney at Law
We expect judges to appear at horse shows. But horse shows sometimes appear before judges - in a courtroom! This article discusses some of the liabilities associated with horse shows. . . . More

Questions for an Equine Law Practitioner

Fine Tune Your Equine Lease to Avoid Legal Battles LaterQuestions for an Equine Law Practitioner Fine Tune Your Equine Lease to Avoid Legal Battles Later
Julie I. Fershtman, Attorney at Law
People in the horse industry frequently enter into different types of lease arrangements that include pasture leases, breeding stock leases, barn or facility leases, horse leases, and many others. In . . . More

What is a Right of First Refusal?What is a Right of First Refusal?
Julie I. Fershtman, Attorney at Law
The seller (or one who parted with the horse) expected a "right of first refusal" on the horse that would allow him the chance to own the horse in the future. Instead, the buyer violated t . . . More

Trainer Sued By Client When Trying to Collect Payment - Don't Let This Happen to You!Trainer Sued By Client When Trying to Collect Payment - Don't Let This Happen to You!
Elisabeth McMillan
Call it a coincidence, but I came across an article last week that so speaks to why we are hosting an Equine Law seminar for horse professionals, that as much as I hate any negative press about the ho . . . More

In Tough Financial Times -- 
Should You Start an Equine Retirement Stable?In Tough Financial Times -- Should You Start an Equine Retirement Stable?
Julie I. Fershtman, Attorney at Law
Dear Ms. Fershtman: I love taking care of older horses, and I was thinking of starting a new business of a specialty boarding stable for retired horses. This would not be a rescue, but a boarding s . . . More

Questions for an Equine Law Practitioner - Laws Involving Equestrian Safety HelmetsQuestions for an Equine Law Practitioner - Laws Involving Equestrian Safety Helmets
Julie I. Fershtman, Attorney at Law
Dear Ms. Fershtman: What laws exist involving safety helmets? -- D.H. (North Carolina) This article discusses equestrian helmet laws and addresses legislation involving helmets as well as s . . . More

In Tough Financial Times -- 
What Can The Boarding Stable Do With an Abandoned Horse?In Tough Financial Times -- What Can The Boarding Stable Do With an Abandoned Horse?
Julie I Fershtmann
I own a boarding stable. Over the past few years many of our customers have been unable to pay us. Some have fallen seriously behind, and a few of them have not come to visit their horses in many, . . . More

In Tough Financial Times -- 
A Well Worded Breeding Contract Can Help Save MoneyIn Tough Financial Times -- A Well Worded Breeding Contract Can Help Save Money
Julie I. Fershtman, Attorney at Law
In these tough economic times, many stallion owners are finding it harder than ever to make a profit. Fewer people are breeding their mares. Fewer people are buying horses. Yet, the cost of maintai . . . More

In Tough Financial Times -
Why It is Important to Understand LiabilityIn Tough Financial Times - Why It is Important to Understand Liability
Julie I. Fershtman, Attorney at Law
On Decemeber 14, 2009 we hosted an equine law seminar with Julie I Fershtman during which she covered very important information about equine liability and horse professionals. This article is an exc . . . More

In Tough Financial Times -- 
Should You Declare Your Workers 'Independent Contractors'?In Tough Financial Times -- Should You Declare Your Workers 'Independent Contractors'?
Julie I. Fershtman, Attorney at Law
In these difficult times, equine businesses such as boarding and training stables are finding it harder than ever to survive. In an attempt to save money, some have considered labeling their workers . . . More

Questions for an Equine Law Practitioner
In Tough Financial Times -- 
Should You Reduce or Cancel Your Liability Insurance?Questions for an Equine Law Practitioner In Tough Financial Times -- Should You Reduce or Cancel Your Liability Insurance?
Julie I. Fershtman, Attorney at Law
Dear Ms. Fershtman: For years I've paid my insurance premiums and never had a claim. Times are tough, and I'm thinking about canceling my policy to save money. What do you think? -- A.L.(Iowa) When . . . More

Questions for an Equine Law Practitioner
In Tough Financial Times - Can You Repossess a Horse When the Buyer Fails to Pay?Questions for an Equine Law Practitioner In Tough Financial Times - Can You Repossess a Horse When the Buyer Fails to Pay?
Julie I. Fershtman, Attorney at Law
Last year I sold one of my horses on installment payments. We had no agreement in writing, but the buyer promised to pay me within six months and I let him take the horse. Six months passed, but he . . . More

Questions for an Equine Law Practitioner
 
In Tough Financial Times -- 
Should You Let the Boarding Stable Use Your Horse for Lessons?Questions for an Equine Law Practitioner In Tough Financial Times -- Should You Let the Boarding Stable Use Your Horse for Lessons?
Julie I. Fershtman, Attorney at Law
Boarding stables often make arrangements with their customers to trade the use of a boarded horse for lessons in exchange for a reduced board rate to the horse's owner. To the parties in this arrange . . . More

Legal Aspects of Hauling Your HorseLegal Aspects of Hauling Your Horse
Julie I. Fershtman, Attorney at Law
Industry experts have written numerous articles over the years about how to prepare your horse for the hauling process. This article will address what to consider from a legal standpoint. Please keep . . . More

Questions for an Equine Law Practitioner
In Tough Financial Times -- Should You "Half Lease" Your Horse to Save Money?Questions for an Equine Law Practitioner In Tough Financial Times -- Should You "Half Lease" Your Horse to Save Money?
Julie I. Fershtman, Attorney at Law
In tough financial times, horse-sharing arrangements (people in the horse industry sometimes call these "half-lease" or "share board" arrangements) seem desirable because they can . . . More

In Tough Financial Times -- 
What Happens When the Boarding Stable Has Not Been Paid?In Tough Financial Times -- What Happens When the Boarding Stable Has Not Been Paid?
Julie I. Fershtman, Attorney at Law
Dear Ms. Fershtman: I own a boarding stable. One of our boarders has not visited in months. She is 90 days behind in her board payments, and she will not return my calls. Can I file a lien and take . . . More

Questions for an Equine Law Practitioner
 
In Tough Financial Times -- 
Should You Take in Boarders for Extra Income?Questions for an Equine Law Practitioner In Tough Financial Times -- Should You Take in Boarders for Extra Income?
Julie I. Fershtman, Attorney at Law
Dear Ms. Fershtman:With the cost of everything going up, I've been thinking of taking in a few boarders in my barn to make some extra money. Is there anything I should know? -- A.C. (No state specifi . . . More

Questions for an Equine Law Practitioner 
 
You Have a Corporation - Can You Be Personally Liable?Questions for an Equine Law Practitioner You Have a Corporation - Can You Be Personally Liable?
Julie I. Fershtman, Attorney at Law
My wife and I have a riding lesson business. Our friend recommended that we set up a Limited Liability Company. Does this mean my wife and I can't be sued anymore?-- R.M. (No state specified) Equin . . . More

Questions for an Equine Law Practioner - Practical Ways to Avoid Trial Period DisputesQuestions for an Equine Law Practioner - Practical Ways to Avoid Trial Period Disputes
Julie I Fershtman, Attorney at Law
Who would expect that a simple trial period arrangement could go bad? Unfortunately, these arrangements can and sometimes do. In the horse industry, sellers often allow potential buyers a "trial . . . More

Questions for an Equine Law Practioner - Finding Low Cost Legal Services in Difficult Financial TimesQuestions for an Equine Law Practioner - Finding Low Cost Legal Services in Difficult Financial Times
Julie Fershtman, Attorney at Law
Dear Ms. Fershtman: I am a riding instructor. Someone has threatened to sue me, but I have no insurance and I can't afford to hire an experienced lawyer who knows Equine Law. Are there ways to find . . . More


Horse Business Webinars: Equine Law
You Have Equine Insurance But Are You Covered?You Have Equine Insurance But Are You Covered?
This horse business seminar was presented by equine law expert, Julie I Fershtman, attorney at law. It discusses "WHAT EQUINE PROFESSIONALS SHOULD KNOW ABOUT AVOIDING EQUINE INSURANCE DISPUTES&qu . . . More

REPLAY: Equine Law Webinar - When Horse Professionals DisagreeREPLAY: Equine Law Webinar - When Horse Professionals Disagree
This webinar discusses five different types of legal disputes that equine professionals can encounter in the course of doing business. Listeners are provided with much food for thought and practical . . . More

Webinar Replay: What Every Horse Business Owner Needs to Know About Equine LawWebinar Replay: What Every Horse Business Owner Needs to Know About Equine Law
Julie I. Fershtman, Attorney at Law
This webinar will cover a wide variety of issues facing equine business owners i.e. trainers, instructors, professional riders, breeders and stable operators. One thing we will be discussing is how th . . . More

MEMBERS REPLAYS: A Look At Recent Equine Lawsuits and How They Affect Horse Professionals PLUS! Horse Business Exposures and How To Better Protect YourselfMEMBERS REPLAYS: A Look At Recent Equine Lawsuits and How They Affect Horse Professionals PLUS! Horse Business Exposures and How To Better Protect Yourself
There have been several recent equine cases whose rulings are of interest (and extreme importance) to horse professionals. During this webinar, equine law expert Julie I. Fershtman will discuss the ke . . . More

SEMINAR REPLAY! Changes to California Equine Sales Law - What Horse Professionals Need to KnowSEMINAR REPLAY! Changes to California Equine Sales Law - What Horse Professionals Need to Know
If you are a horse professional who is involved in buying or selling horses in the state of California you need to be aware that recent changes to California Business and Professions Code Section 1952 . . . More

SEMINAR REPLAY: How to Structure Equine Syndicates, Partnerships and Private SponsorshipsSEMINAR REPLAY: How to Structure Equine Syndicates, Partnerships and Private Sponsorships
The ability to work with top horses, whether for sale or to help you reach your competition goals, can positively affect the course of your equestrian career and ultimately, the success of your horse . . . More

REPLAY- Equine Liability Laws and Exposures - What Every Equine Business Owner Need to KnowREPLAY- Equine Liability Laws and Exposures - What Every Equine Business Owner Need to Know
On November 15th 2010, Equestrian Professional.com hosted "Equine Liability Laws and Exposures - What Every Equine Business Owner Needs to Know" a free live webinar/tele-seminar for horse pr . . . More

REPLAY! MEMBERS ONLY SESSION: Equine Law SeminarREPLAY! MEMBERS ONLY SESSION: Equine Law Seminar
Many questions were posed during both the open seminar and the members only session. Equine Law Seminar Members Only Q&A covers questions about leases, boarding, contracts and many other critical issu . . . More


Problems People Encounter With Equine Contracts - And How to Avoid Them
by Julie I. Fershtman, Attorney at Law
Problems People Encounter With Equine Contracts - And How to Avoid Them My office has received numerous calls over the years from people faced with contract disputes. Most of the callers thought they protected themselves by using a contract, only to find later that their contract was either . . . More
Questions for an Equine Law Practitioner - Avoiding Liability When Selling a Problem Horse
Julie I. Fershtman, Attorney at Law
Questions for an Equine Law Practitioner -
Avoiding Liability When Selling a Problem Horse Dear Ms. Fershtman: My gelding is a champion show horse. I have to admit, he's pretty dangerous. He needs the most experienced of handlers. He's sometimes charged after the people who enter his stall. He's tried to kick. He pins his ears. Nobody has been hurt yet. Can I sell . . . More
Using a Form Contract for Your Horse Business? Watch Your State Laws
Julie I. Fershtman, Attorney at Law
Using a Form Contract for Your Horse Business?  Watch Your State Laws Dear Ms. Fershtman: My friend gave me some form liability releases and boarding contracts. Will they hold up? -- K.B. (No state specified) My office receives inquiries like this often. Since many people in the horse industry still buy, sell, board, train, lease, or breed horses with nothing in writing, it is always commendable when . . . More
Legal Aspects of the Half Lease - Share Boarding Arrangement
by Julie I. Fershtman, Attorney at Law
Legal Aspects of the Half Lease - Share Boarding Arrangement Geri loves her horse, "Traveler" and especially enjoys their evening rides together after Geri finishes work. Now, Geri's free time is limited; her employer has just promoted her, and her new position will require longer work hours and more travel. As happy as Geri is to receive the promotion, she knows that she will . . . More
Creating a Fair and Legal Equine Partnership
by Julie I. Fershtman, Attorney at Law
Creating a Fair and Legal Equine Partnership Dear Ms. Fershtman: My friend and I are going into a program to sell and race horses. We have two broodmares, a gelding and a stud. Two of the horses are registered in my partner's name and two are in my name. How do we go about setting up a partnership? Our state has breeders awards where the . . . More
What Every Equine Professional Should Know
by Julie I. Fershtman, Attorney at Law
What Every Equine Professional Should Know On December 3, 2007, I spoke at the American Riding Instructors Association Annual Convention in Naples, Florida. The topic on which I was asked to speak was what every riding instructor, trainer, and stable should know. This article is a summary of . . . More
Responding to an Accident On Your Premises
by Julie I. Fershtman, Attorney at Law
Responding to an Accident On Your Premises Regardless of the precautions and safety measures we undertake, the fact is that accidents still can happen and people get hurt. And if the accident happens, quick and decisive action can be needed. This article shares some ideas for responding to an incident when someone has been hurt . . . More
Does a Stable Own the Horse When Board is Past Due? Myths and Misunderstandings Regarding Stables' Rights
by Julie I. Fershtman, Attorney at Law
Does a Stable Own the Horse When Board is Past Due?  Myths and Misunderstandings Regarding Stables' Rights Disputes sometimes occur between boarding stables and horse owners when board fees are not paid. Boarding stable owners, who realize that the law requires them to give boarded horses "reasonable care," grow frustrated as the owners fail to keep their promises to pay . . . More
Selling a Horse on Installment Payments? Know the Pitfalls Before You Leap
by Julie I. Fershtman, Attorney at Law
Selling a Horse on Installment Payments? Know the Pitfalls Before You Leap Whether you are a lending institution or a horse seller, the business of extending credit can be risky. The horse seller, the bank, and the credit card company have much in common when they agree to extend financing to someone -- all of them are undertaking a risk that the buyer will make payments faithfully and honor all obligations. But that is where the similarities end. . . . More
Questions for an Equine Law Practitioner - Hiring Workers? Know the Difference Between Independent Contractor and Employee
Julie I. Fershtman, Attorney at Law
Are you sure your worker is an independent contractor? Businesses in the equine industry might learn the hard way that they've made a mistake. This article examines differences between independent contractors and employees and how equine industry businesses can protect themselves and avoid problems. . . . More
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