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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.

REPLAY: Equine Law Webinar - When Horse Professionals Disagree
REPLAY: 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 tips for avoiding disputes with other professionals. . . . More
Webinar Replay: What Every Horse Business Owner Needs to Know About Equine Law
Julie I. Fershtman, Attorney at Law
Webinar Replay: What Every Horse Business Owner Needs to Know About Equine 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 the economy is influencing legal issues around horse sales, boarding and liability. Most importantly, we will share some tips about how you may want to beef-up your contracts. . . . More
Equine Client Snatching When people say horrific things...
Peter J. Sacopulos, JD
Equine Client Snatching   When people say horrific things... 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 operates an equine facility with indoor arena where she boards and trains horses in Marseilles, Illinois. Her longevity in the business did not come without hard work and bumps along the road. One of the many problems stable owners face is competitors who are out to steal their boarders. This practice is often referred to as "client-snatching" or "boarder-snatching." Heidi has been a victim of border snatching and this article will offer advice in how you and your equine operation can safeguard to prevent such an event. . . . More
MEMBERS REPLAYS: A Look At Recent Equine Lawsuits and How They Affect Horse Professionals PLUS! Horse Business Exposures and How To Better Protect Yourself
MEMBERS 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 key issues and the legal precedents these cases are likely to set. The information shared at this free webinar will be of VITAL importance to horse professionals. In order to . . . 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? - 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
Can Injured Trainers Sue Horse Owners? 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
SEMINAR REPLAY! Changes to California Equine Sales Law - What Horse Professionals Need to Know
SEMINAR 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 19525 affects horse sales transactions. . . . More
MEMBERS OUTLINE - CALIFORNIA'S HORSE SALES LAW: THE JESS JACKSON MEMORIAL
Paul B. Husband, Attorney at Law
MEMBERS OUTLINE - CALIFORNIA'S HORSE SALES LAW: THE JESS JACKSON MEMORIAL 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
Questions for an Equine Law Practitioner: 
What Riding Instructors Should Know About Contracts 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
Watch Out for Horse Show Liabilities 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
SEMINAR REPLAY: How to Structure Equine Syndicates, Partnerships and Private Sponsorships
SEMINAR 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 business. But the benefits don't stop there. Equine syndicates and partnerships can provide considerable value to your clients and other investors who participate.This seminar addresses different options and legal considerations for structuring equine syndicates and partnerships . . . More
Questions for an Equine Law Practitioner Fine Tune Your Equine Lease to Avoid Legal Battles Later
Julie I. Fershtman, Attorney at Law
Questions for an Equine Law Practitioner

Fine Tune Your Equine Lease to Avoid Legal Battles Later 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
What is a Right of First Refusal? 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
REPLAY- Equine Liability Laws and Exposures - What Every Equine Business Owner Need to Know
REPLAY- 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 professionals with equine law expert Julie I. Fershtman. . . . More
REPLAY! MEMBERS ONLY SESSION: Equine Law Seminar
REPLAY! 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 issues. . . . More
Trainer Sued By Client When Trying to Collect Payment - Don't Let This Happen to You!
Elisabeth McMillan
Trainer Sued By Client When Trying to Collect Payment - Don't Let This Happen to You! 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 horse industry - I feel compelled to mention it. It appears a Texas trainer is being sued by two of her clients, and that it made a local paper. . . . More
In Tough Financial Times -- Should You Start an Equine Retirement Stable?
Julie I. Fershtman, Attorney at Law
In Tough Financial Times -- 
Should You Start an Equine Retirement Stable? 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
Questions for an Equine Law Practitioner - Laws Involving Equestrian Safety Helmets 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
In Tough Financial Times -- 
What Can The Boarding Stable Do With an Abandoned Horse? 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 Tough Financial Times -- 
A Well Worded Breeding Contract Can Help Save Money 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
In Tough Financial Times -
Why It is Important to Understand Liability 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 Tough Financial Times -- 
Should You Declare Your Workers 'Independent Contractors'? 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
Questions for an Equine Law Practitioner In Tough Financial Times -- Should You Reduce or Cancel Your Liability Insurance?
Julie I. Fershtman, Attorney at Law
Questions for an Equine Law Practitioner
In Tough Financial Times -- 
Should You Reduce or Cancel Your Liability Insurance? 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
Questions for an Equine Law Practitioner
In Tough Financial Times - Can You Repossess a Horse When the Buyer Fails to Pay? 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
Questions for an Equine Law Practitioner
 
In Tough Financial Times -- 
Should You Let the Boarding Stable Use Your Horse for Lessons? 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
Legal Aspects of Hauling Your Horse 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
Questions for an Equine Law Practitioner
In Tough Financial Times -- Should You "Half Lease" Your Horse to Save Money? 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
In Tough Financial Times -- 
What Happens When the Boarding Stable Has Not Been Paid? 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 In Tough Financial Times -- Should You Take in Boarders for Extra Income?
Julie I. Fershtman, Attorney at Law
Questions for an Equine Law Practitioner
 
In Tough Financial Times -- 
Should You Take in Boarders for Extra Income? 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
Questions for an Equine Law Practitioner 
 
You Have a Corporation - Can You Be Personally Liable? 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
Questions for an Equine Law Practioner - Practical Ways to Avoid Trial Period Disputes 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
Questions for an Equine Law Practioner - Finding Low Cost Legal Services in Difficult Financial Times 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
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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