Can You Repossess a Horse When the Buyer Fails to Pay?
Can a horse seller repossess a horse if the buyer has failed to pay in full? We receive this question frequently, but the answer is more complicated than you might think. Read More › Tags: Contracts,...
View ArticleTrainer Liabilities for Horses in Their Care And How Trainers and Horse...
Dan hired a trainer, Sarah, to train his horse and haul it to a few shows during the year. While under Sarah’s care, however, Dan’s horse colicked, and a veterinarian had to put the horse down. Should...
View ArticleDo “As Is” Clauses in Sales Contracts Prevent All Lawsuits?
Equine sales agreements sometimes include the words "as is" and "with all faults.” Sellers use these phrases with the hope of preventing buyers from bringing claims and lawsuits in an effort to...
View ArticleMontana Amends Its Waiver Law
Last year, a new law took effect in Montana that allows waivers/releases to be enforceable, except against claims of gross negligence or against defective equipment claims. The new law, Montana Code...
View ArticleCan You Release Equine Activity Liability Act Liabilities? The Answer May...
Courts in most states have shown a willingness to enforce liability waivers/releases – as long as the court was convinced that the documents were properly worded and signed. In the 47 states with...
View ArticleCommunication Can Save Lives and Avoid Horse Boarding Disputes
Never did the stable owner expect to be sued. A horse in his care became injured in the pasture, with a large wound, but the stable owner thought he had it under control. He dressed the wound, gave...
View Article“Setbacks” And Equine Fencing
“Jane,” a horse owner found her dream property. The house was just her size. Never before was a horse stabled on the property, but there was a storage barn that, Jane thought, could easily be...
View ArticleWhat Stables and Owners Should Know About Resolving Past-Due Board Disputes
If you’re a horse boarding stable, it’s a matter of time until you encounter a customer who falls behind on board payments. Here are some ideas for owners and stables. Read More › Tags:
View ArticleUnbounded Risk in Open Range Districts
Driving along a highway at night, motorists don’t expect to see herds of cattle or horses. In designated “open range” districts, however, these animals could potentially cross the road in the day or...
View ArticleWhat You Wish You Considered for Your Equine Lease
Equine lease transactions have become increasingly popular. Surprisingly, some people continue to lease horses merely on a handshake or use very short lease agreements, only to encounter costly...
View ArticleRight of First Refusal Clauses: Are They Worth the Paper They’re Written On?
What is a Right of First Refusal? Equine-related contracts sometimes include a “right of first refusal” clause that restricts how a horse can be re-sold. Through these clauses, a horse buyer agrees to...
View ArticleNew Jersey Court Dismisses Lawsuit against Stable Brought by Injured Visitor
Injured Child Visiting Stable with Family Was Still a “Participant” Under Equine Activity Liability Law As of January 30, 2017, 47 states – all but California, Maryland, and New York – have passed...
View ArticleColorado Appellate Court Strikes Down Recreational Liability Release: Ruling...
Individuals and businesses in the horse industry rely on waivers/releases as part of their risk management programs. We’ve written for years that most states nationwide have shown a willingness to...
View ArticleI’m Not a Boarding Stable, BUT …
A backyard horse owner named Jane boards a few horses during the winter. Jane’s facility has box stalls and an indoor arena, making it desirable during the snowy winter months where Jane lives. Jane...
View ArticleHalf Lease - Whole Problem
The words “half lease” seem unique to the horse industry. In law school, this lawyer never heard the phrase mentioned, and the authoritative legal dictionary, Black’s Law Dictionary, nowhere mentions...
View ArticleWhat is an “Inherent Risk” With Horses?
Nationwide, 47 states now have some form of an equine activity liability act (“EALA”). All of these laws differ, but most share common characteristics. EALAs often provide that “equine activity...
View ArticleEquine Contracts and Genetic Conditions: Horse Owners Beware
Because some horse breeds are known to be predisposed to certain genetic conditions, mare owners typically scrutinize the risks before making breeding decisions. They evaluate stallions’ histories,...
View ArticleShould You Buy a Horse Sight Unseen?
People occasionally buy horses, sight unseen, based on an ad over the Internet or the recommendation of a friend. Many buyers are completely satisfied with their purchases. Unfortunately, some are...
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Fine Tune Your Equine Lease to Avoid Legal Battles
Equine-related leases have been increasingly popular. In the horse industry, lease arrangements include horse leases, pasture leases, breeding stock leases, barn or facility leases, and others....
View ArticleDog Bite Liability – What Horse Owners and Stables Should Know
Horse owners are often dog owners. While horse owners may concern themselves with liabilities associated with horse ownership, they may lose sight of liabilities associated with their dogs. Dog bites...
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