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Home | 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.

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? - E.B. (Tennessee) This article will explore some common myths regarding non-profit corporations. . . . More

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 and others. And sometimes the trainers win. . . . More

MEMBERS 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 their practices, policies and documents. . . . More

Questions 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 them share one common feature - they know very little about how the law impacts what they do. Unfortunately, some of them learn the hard way when faced with a lawsuit. . . . More

Watch 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. Types of Lawsuits Here are three examples of lawsuits involving people who were injured or died at horse shows: While an outdoor horse show was in progress in Michigan, a horse in a practice pen broke away from its handler and ran loose on the grounds. Show management attempted to control the situation by . . . More

Questions 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 all types of leases, disputes sometimes occur, giving rise to time-consuming, disruptive, and expensive lawsuits. This article explores common problems associated with equine leases and some suggestions for how a contract can avoid them . . . More

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 the agreement by wrongly giving away or selling the horse to someone else without first offering the former owner the chance to re-purchase the horse. This article discusses the right of first refusal clause within equine sales contracts. . . . More

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 stable meant to care for older, retired horses. What do you think? -- J.V. (No state specified) . . . More

Questions 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 some recent court cases. The article does not address association or competition rules that involve helmets. . . . More

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, many months. We've tried to . . . More

In 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 maintaining and campaigning stallions remain higher than ever. . . . More

In 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 excellent review! . . . More

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 "independent contractors" instead of "employees." Be careful -- this could be trouble waiting to happen. . . . More

REPLAY: Equine Law Seminar "What Every Equine Business Person Needs to Know About the Law"

Replay: What Every Equine Business Person Needs to Know About the Law" Equine Law Seminar with Julie I. Fershtman, attorney at law. . . . More

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 finances are tight, people sometimes consider canceling or reducing their liability insurance coverage. This article explains the risks. . . . More

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 only paid a small part of what he owed. Every time I call him asking for the money he gives me tons of excuses. Can I just take back the horse and call it off? . . . More

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 arrangement, it sometimes seems like a "win-win" situation because it provides the stable with greater access to lesson horses, while customers receive a discount on their board fees. . . . More

Legal 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 these suggestions in mind before your horse makes an interstate or international trip . . . More

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 save money. But these arrangements can also create problems and unintended consequences. This article discusses the legal aspects . . . More

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 the horse to the auction? -- T.M. (Oklahoma) . . . More

Questions for an Equine Law Practitioner - Laws Involving Equestrian Safety Helmets
Julie I. Fershtman, Attorney at Law

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 specified) A.C. is considering a way to bring in cash by turning her horse facility into a small horse boarding stable. The issues she faces are far more complicated and costly than she might think. For example . . . More

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) Equine businesses have . . . More

Questions 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 period." In some trial . . . More

Questions 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 a lawyer at low cost or for free? - K.T. (Maine) . . . More

Problems People Encounter With Equine Contracts - And How to Avoid Them
by Julie I. Fershtman, Attorney at Law

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

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

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

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

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

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

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

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

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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Equine Law for Horse Business Owners

Equine Law
for Horse Business Owners