Equine Law and Horse Sense

by Julie I. Fershtman

Overview

What is "horse sense?" It is basic, practical common sense. It is the ability to apply sensible, reasoned approaches to problems in daily life, and "horse sense" belongs equally with horse activities. Having a general understanding of equine law can help avoid problems that create legal disputes. Equine Law and Horse Sense is designed for people, businesses, and organizations in the horse industry and for the lawyers who serve them.

This book will equip you to assess your needs, plan ahead, and take precautions to avoid conflicts. It answers such questions as:

• What are the laws regarding horse-related injuries, and what happens if you have been threatened with or plan to file a lawsuit?
• Why and when are contracts important, and what details merit consideration?
• How can disputes with insurance companies be avoided?
• What are some commonsense strategies to help protect the existence of horse operations amid increasing urbanization?

This book will better inform you about the law and help you continue to use good "horse sense" for many years to come.

Product Details

ISBN-13:	9781641054935
Publisher:	American Bar Association
Publication date:	07/07/2020
Pages:	372
Product dimensions:	6.20(w) x 9.02(h) x 0.81(d)

About the Author

Julie I. Fershtman is a Shareholder at the full-service law firm Foster Swift Collins & Smith, PC, (www.fosterswift.com) in its Southfield, Michigan, office where her practice includes business litigation, insurance defense, insurance coverage, fraud litigation, and equine law. She has tried cases before juries in 4 states and has been pro hac vice counsel in 20 jurisdictions.

She is a past President of the State Bar of Michigan and now serves on the ABA House of Delegates as a State Bar of Michigan Delegate. She was a recipient of the ABA-TIPS "Excellence in the Advancement of Animal Law Award" in 2017.

She is listed in The Best Lawyers in America® 2013-2023 for Commercial Litigation and Insurance Law and is listed in Michigan Super Lawyers from 2008-2022, which also named her one of the "Top 100 Lawyers in Michigan" and "Top 50 Woman Lawyers in Michigan."

She has authored over 400 published articles and 4 books on topics that include liability, contracts, and risk management. The ABA published the following books that she wrote or co-wrote: Equine Law and Horse Sense (author, 2019), Litigating Animal Law Disputes: A Complete Guide for Lawyers (co-author/co-editor, 2009), The Road to Independence (contributor, 2011), and Marketing Success Stories, First and Second Editions (contributor). In addition, she is the author of Equine Law & Horse Sense (Horses & The Law Publishing, 1996) and MORE Equine Law & Horse Sense (Horses & The Law Publishing, 2000). Her speaking engagements on legal issues span 29 states.

She graduated from Emory College in 1983 and Emory Law School in 1986.

For more information, please visit: www.fershtmanlaw.com and www.fosterswift.com

Table of Contents

Preface ix

About the Author xi

Warning and Disclaimer xiii

Acknowledgments xv

Part I Practicing Everyday Horse Sense 1

Chapter 1 Introduction: What Are Equine Law and Horse Sense? 3

What Is Equine Law? 3

What Is Horse Sense, and How Is It Incorporated in This Book? 4

Chapter 2 The Law and Equine Facilities: From Backyard to Commercial 17

Protect Your Right to Keep Horses in Your Community 17

The Nuisance That Could Permanently Close a Horse Facility 21

Fighting Back (in Court) against the Trespasser 24

Chapter 3 Relationships: Boarding, Training, Sharing, and Leasing Horses 27

What to Consider before Signing the Boarding Contract 27

What to Consider before Signing a Release of Liability 29

Liability of the Boarding Stable for Injuries to Its Customers' Horses 29

Legal Aspects of the Half-Lease/Share Boarding Arrangement 33

How to Achieve a Positive Relationship with Your Horse Trainer 36

Should You Allow the Boarding Stable to Use Your Horse in Its Lesson Program? 39

How to Avoid Common Disputes Involving Equine Leases 42

Chapter 4 Land Use and Zoning Issues 45

Horse-Friendly Zoning 45

How to Buy Horse-Friendly Real Estate without Buying a Land Use Lawsuit 48

Horse-Related Zoning Battles: How to Launch a Strategy So That Everybody Wins 50

What to Consider before an Equine Professional Conducts Business on Your Property 56

Chapter 5 Making Equine Law Accessible and Affordable 61

How to Find and Hire the [Equine] Lawyer Right for You 61

How to Win Back Your Legal Fees in a Legal Dispute 66

Part 2 Equine Business Fundamentals 69

Chapter 6 Selecting and Managing an Equine Business 71

Selecting the Right Structure for Your Business 71

Business Tips for Self-Employed Equine Professionals 75

Will Your Corporation Limit Your Persona! Liability? Eight Suggestions for Taking Your Corporation Seriously 80

You Ye an Equine Partnership-Now What? 84

Chapter 7 Special Equine Business Issues for Cost-Conscious Equine Business Owners 89

Independent Contractor or Employee: It Pays to Know the Difference 89

Should You Take in Boarders for Extra Income? 92

Should You Give Pony Rides for Extra Income? 94

How Stables Encounter Problems While Collecting Unpaid Board Fees-and How to Keep Them from Happening to You 96

Chapter 8 Equine Transactions and Contracts 101

Protection of Horse Owners and Horse Facilities by Written Agreements 101

Turning a Good Boarding Contract into a Great Boarding Contract 109

Does Your Boarding Contract Include a Release? Should It? 111

Breeding Contracts: Read the Fine Print 113

Chapter 9 Equine Sales Disputes and How to Avoid Them 117

A Practical Guide to Buying Your First Horse 117

The Five-Minute Sales Contract (for People Who Would Otherwise Deal on a Handshake) 120

Papers, Papers, Who Has the Papers? How to Avoid Disputes Involving Registration Papers 123

Selling a Horse on Installment Payments? Know the Pitfalls before You Leap 127

Legal Aspects of the Trial Period: Foreseeable Problems and How to Avoid Them 131

Right of First Refusal Clauses: Are They Worth the Paper They Ye Written On? 134

Hold Everything! Injunction Proceedings in the Horse Industry 136

Three Written Words That Could Prevent an Equine Sale Lawsuit 139

Legal Aspects of Buying a Horse from a Sales Agent 141

How Legal Are Your Advertisements? 142

Chapter 10 Maximizing the Value of Equine Insurance 147

Overview of Equine-Related Insurance 147

16 Common Myths Regarding Equine Insurance 151

The Importance of Giving Notice to the Insurance Company-Lessons Learned from a Real Trial 157

Why Insurers Sometimes Settle Cases out of Court 161

Who Needs Worker's Compensation Insurance? 163

Maximizing Protection with Umbrella Insurance 166

Beware of the Business Pursuit 169

Part 3 Equine Law Fundamentals 173

Chapter 11 Liability Waivers or Releases 175

Liability Releases: What They Are and Why They Sometimes Fail 175

15 Ideas Regarding Equine Activity Liability Releases 185

Do You Need a Liability Release? 189

Chapter 12 Equine-Related Liabilities and Avoiding Them 193

Equine Activity Liability Laws 193

Understanding Negligence 197

Premises Liability 200

Liabilities Involving Children 202

Are Horses an Attractive Nuisance? A Review of the Law 204

Equestrian Helmets: Laws, Liabilities, and Risk Management 208

Handling Personal Injuries That May Arise on the Premises 214

Damages: What Can You Recover If Another Person's Wrongful Act Causes Injury to or Loss of Your Horse? 215

Chapter 13 Other Equine Liabilities: Recent Developments and How to Avoid Liability 221

How Have the Equine Activity Liability Laws Been Faring in the Courts? A Review of Court Cases 221

Putting Equine Activity Liability Laws to the Test 234

Loose Horse Liabilities 236

Understanding and Avoiding Equipment-Related Liabilities 241

Trailering Liabilities: What to Know before You Lend Your Trailer 245

Event Liabilities 248

Eight Strategies for Avoiding Liability 253

Chapter 14 Resolving Simple Equine (and Non-Equine) Disputes out of Court 259

Understanding the Mechanics and Costs of a Typical Lawsuit 259

Writing an Effective Demand Letter 261

Arbitration 263

Mediation 265

Small Claims Court 266

Chapter 15 Contracts and How to Avoid Disputes with Them 271

Avoiding the Pitfalls That Create Disputes Involving an Equine-Related Contract 271

Ten Important Details for Equine Contracts 275

Chapter 16 Association and Organization Legal Issues 283

Protecting the Volunteer Workforce from Liability 283

Dispelling Myths Regarding Nonprofit Corporations 287

Resources 292

Chapter 17 Other Legal Rights You Should Know 293

Looks Like Veterinary Malpractice; Now What? 293

Liability for Defective Products That Injure You or Your Horse 300

Mind Your Message: How Defamation Can Affect the Horse Industry 304

A Picture Is Worth a Thousand … Dollars? Understanding Your Legal Right of Publicity 309

Appendix A Chart of Equine Activity Liability Acts 313

Appendix B Contract Language and Sign Posting Requirements under Equine Activity Liability Laws 315

Glossary of Legal Terms 349

Index 357