Should the Boarding Stable Require Owners to Disclose Behavioral Problems?
In January 2013, I was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York...
View ArticleDo Equine Activity Liability Acts Apply to Other Species of Animals?
In January 2013, I was the speaker at a national teleconference on Equine Law and also spoke at continuing legal education programs on Equine Law for the Washington State Bar Association and New York...
View ArticlePre-Sale Agreements Regarding Inspections and Testing
During a national teleconference on Equine Law in January 2013, I was asked: “Do you recommend pre-sale agreements regarding inspections and testing?” Answer Yes. When I represent sellers in equine...
View ArticleEquine Professional Licensing and Certification
In January 2013, I was invited to New York City speak at a continuing legal education conference sponsored by the New York State Bar Association Committee on Animals and the Law. Below is a question...
View ArticleThe Unique Benefits of Hiring an Equine Law Practitioner
In January 2013, I spoke at a number of education programs on Equine Law. Attendees raised several questions, and some of them are shared on this blog. Question Has your equine law experience made a...
View ArticlePolice Department Faces Possible Liability for a “Slow Speed Chase” of a...
Police departments and local governments often enjoy governmental immunity, which protects them from liability except in limited situations. In one interesting but tragic loose horse case, a Florida...
View ArticleThree Written Words That Might Prevent a Lawsuit
Gene buys a mare from a horse seller across the country, and pays the full purchase price, which the seller receives. Shipping was set for the next day. As the shipper pulls in to get the horse, it is...
View ArticleTips for the Novice Horse Buyer
Our office receives numerous calls from first-time horse buyers who are soured on the horse industry due to bad experiences with horse sellers. Some proceed with lawsuits. Horse buyers who proceed...
View ArticleShould Minor Children Sign Equine Contracts?
In March 2013, I was a speaker at an Agribusiness Conference in Sacramento, California. Members of the audience raised excellent questions, one of which was: Should minor children be permitted to sign...
View ArticleLegal Aspects of Buying a Horse from a Sales Agent
Generally speaking, it is completely legal to do business with an agent in a business transaction. An agency relationship generally exists when one person, such as a horse seller, agrees to allow...
View ArticleIt Looks Like Veterinary Malpractice, But it’s Not
Not every claim against a veterinarian is really a claim of veterinary malpractice. A small number of cases involving veterinarians are more appropriately brought as a claim of ordinary negligence on...
View ArticleWhen Veterinary Malpractice Seems So Obvious That No Expert is Needed
In a typical veterinary malpractice case, the plaintiff (the party suing the veterinarian) must retain a qualified expert witness in an attempt to prove that the veterinarian breached an applicable...
View ArticleCommon Equine Breeding Disputes and How to Avoid Them
Horse breeding transactions can generate several disputes, including the following: Problem The stallion’s show or race schedule prevents its availability for breeding by cooled semen or live cover....
View ArticleThe Effect of State Good Samaritan Laws on Vet Malpractice Claims
State “Good Samaritan laws” are generally designed to protect medical caregivers from lawsuits that arise from negligent acts as long as the caregivers have acted voluntarily (not for compensation) at...
View ArticleWhy Trainers Need Contracts
Horse trainers and their clients have every incentive to document their relationship with a contract. Horse owners could potentially bring a variety of legal challenges against the trainer, including:...
View ArticleWhy Horse Owners Need Written Training Contracts
You are leaving your horse with a horse trainer who comes well-recommended but has no experience working with you. Can you trust this person to give your horse humane treatment? If your horse sustains...
View ArticleLetting Someone Ride Your Horse? Consider the Legalities
“Can I borrow your horse?” We hear this question from friends, acquaintances, co-workers, and relatives. When we answer “yes,” what usually follows is a fun and pleasurable experience. Sometimes,...
View ArticleHow to (Legally) Brand Your Horse
Why Do States Regulate Brands? The reasons for state government regulation of livestock brands are just as valid today as they were a century ago. States regulate brands to protect the integrity of a...
View Article“The Goat Ate My Equine Activity Liability Act Warning Sign”
Equine Activity Liability Acts, now found in 46 states, frequently include requirements that “equine activity professionals” and sometimes “equine activity sponsors” post warning signs on the...
View ArticleDo-It Yourself Equine Contract Blunders
Horse owners are, in large part, self-reliant people. They train their own horses, fix their own equipment, and some even do their own hoof trimming and routine vaccinations. When people try to take...
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