Equine Law - Julie Fershtman

This week's guest, Julie Fershtman, is a VP/Shareholder of  Foster Swift Collins Smith, PC, a law firm located in Michigan .  Julie shared with us insights on the field of equine law.  Julie is also the author of the, Equine Law Blog,  highlighting much of the content from Fershtman’s  more than 400 articles and three books.  One of her websites is www.equinelaw.net.
Equine law is essentially any field of law that touches horses.  It can be everything from Horses and Taxes to Regulatory Issues such as the recent controversy surrounding the challenge at the Kentucky Derby.  Today’s conversation touched on three areas of law that Julie spends her time working on.  These include: 1.  Sales Disputes, 2. Liability Disputes, and 3. Insurance Disputes.

Sales disputes may arise when the parties contemplating the purchase and sale of a horse have failed to put that agreement in writing.  Seems like a simple concept – if you are going to buy or sell something, get it in writing.  Yet, when it comes to horses not everyone takes that advice.  Julie suggested that all parties to a contract have legal representation and warned against do-it-yourself attempts to download a contract from the Internet.  Each state will have its own nuances and requirements, such as Florida with its equine seller disclosure law.  It’s best to have representation.

Liability disputes can occur when someone gets hurt in an equine-related activity.  This could include a riding accident related to a lesson or pre-purchase ride or an organized group (like scouts) visiting an equine facility.   Forty-eight (48) states have adopted some form of an equine activity liability law.  The only states that don’t have these laws are California and Maryland.  The state of Washington was the first to adopt such a law.  Each state law varies in its language and requirements, so it is important to be aware of the provisions in the state where you live or plan to travel.  With proper adherence to the law, liability for an equine related injury or death could potentially be avoided because of the dangers inherent in equine-related activities.  A validly executed release form may provide protection for the horse owner, but the law can become complicated as to how they should be worded and how they work.  

Considering all 48 states equine activity liability acts, six (6) exceptions can be found where an injured person might seek to impose liability.  These exceptions, which are not found in all states, include:

1. Faulty tack or equipment
2. A dangerous latent condition on land for which no conspicuous warning sign is posted
3. Providing an equine but failing to make “reasonable and prudent efforts to determine the ability of a participant to safely manage the activity”
4. Gross negligence or willful or wanton misconduct
5. Intentional wrongdoing
6. A negligent act or omission

Disputes related to equine mortality insurance have occurred.  Equine insurance policies are roughly comparable to life insurance policies, with some major differences.  Horses come in all shapes and sizes and participate in many different types of disciplines.  Some horses are worth millions of dollars because of their training or breeding and others are priceless based on the love of their owners.  Based on provisions commonly found in equine insura