Equine Law Articles and Webinars for Horse Business Owners

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

Waivers of liability (also called releases) are probably the most misunderstood documents in the horse industry. Yet, for equine professionals these documents can be extremely important for risk management as most states have shown a willingness to enforce them -- IF they are properly worded and signed. Why do state-by-state variations matter? What's the problem with copying someone else's document from across the country? What's a COVID clause?...More

Every year we host a special webinar focusing on the Equine Law issues that horse professionals need to be aware of. The focus of this year's webinar will be on legal issues surrounding horse sales. The speaker for this webinar, Julie I Fershtman, Attorney at Law, is the most sought after Equine Law speaker in the country. She is well known for her ability to break down complex issues into understandable and therefore actionable pieces to help you protect yourself, your business and your clients....More

During this webinar, equine law expert Julie I Fershtman discussed the ins-and-outs of equine activity liability acts including 6 common exceptions that every horse professional should know about. While this webinar discusses laws in the USA, it is so interesting that most horse professionals will find it worthwhile....More

Whether equine professionals buy equine insurance for their own horses or whether they maintain horses belonging to others that are insured, it is important to understand the fine points and details regarding coverage that can make the difference between a paid claim and a denied claim. Equine professionals can also protect themselves from possible liabilities for failing to protect their client's interests as to insurance....More

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

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

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

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

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

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

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

This article discusses liabilty laws in mulitiple states 48 states (all but California and Maryland) have some form of an Equine Activity Liability Act. All of these laws differ but many share common characteristics. For example, the laws usually state that a participant- who is injured while engaging in an equine activity- cannot seek legal recourse from an equine activity professional,- equine activity sponsor,- or another person- if the injury resulted from an inherent risk of an equine activity.- The laws usually have several exceptions, however, that can form the basis of a claim or suit against horse owners, professionals, or horse facilities. The most common exceptions are: (1) providing faulty tack or equipment-; (2) providing an equine and failing to make reasonable and prudent efforts to determine the ability of the participant to safely engage in the equine activity-; (3) having land or facilities with a dangerous latent condition for which no conspicuous warning sign wa...More

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

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

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

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

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

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 institution or a horse seller, the business of extending credit can be risky....More

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

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 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

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

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

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

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

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

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...More

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

If boarding horses is your primary source of income, or if you rent out a stall or two just to help cover the costs of keeping your own horses you need to have a well written boarding contract in place. These documents are of equal importance to horse owners boarding their horse with others. Failure to spell out the responsibilities...More

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

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

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

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

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

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

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

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

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

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

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

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