Because virtually every aspect of horse ownership carries some degree of risk, horse owners should consider the possibility that things can sometimes go wrong and lead to legal issues. In most common cases, the horse does not present the only risk: People who will be interacting with him can cause a multitude of problems, which in a worst-case scenario can land you in court as a horse owner.

Our generally optimistic outlook on life with horses is not often eroded by a fear of being sued. Most of us never expect it from loved ones or horsey friends, yet this precise situation happens with some frequency.

A myriad of hazardous situations involving horses can result in a lawsuit, most too complicated to resolve without an experienced attorney. Yet we offer horseback rides to family members, casually board horses on our properties for extra income, and lend our trailers to friends.

The following should not constitute legal advice—always consult an attorney for that—but these five topics are designed to give you an idea of the common areas of conflict that crop up in horse legal issues and court cases.

1. Buying and Selling

Far too many horse buyers are more emotional than careful when buying a horse, and thus they are amazingly cavalier about documenting the transaction. They fall in love with a horse, sometimes by merely looking at it online, and purchase it sight unseen.

Most buyers and sellers jot a few words on paper about the exchange of money and consider that sufficient to change ownership. It may be for some, but protection in a dispute about ownership is better ensured with a detailed and thorough contract that you can easily find if needed.

If presenting a contract—or signing one already drawn up—seems beyond the needs of the average horse owner, consider how many horse buyers wait for registration papers that never arrive, take possession of an injured horse upon delivery, or discover their new performance horse has a periodic lameness issue related to a previous case of laminitis that the seller neglected to disclose.

Sometimes the seller insists on a “right of first refusal” (see below), yet the buyer sells the horse without informing the former owner. What is the recourse when a sale is made on a proverbial handshake deal?

If hiring an attorney to draw up the specifics of a sale seems like overkill, at least consider using one of the many online equine sales contracts that provide a good starting point for buyers and sellers. Specific details or modifications can be added by either party to strengthen its viability, should a dispute arise.

2. Boarding

Most boarding stable owners are careful enough to require signed documentation from boarders limiting the business’s risk of liability in the event of an accident involving a boarder or their horse. That document typically outlines the rules established by the stable for everything from turning off arena lights to requiring all one-day riders or those test-riding a horse for possible purchase to sign a legal liability waiver.

High-profile boarding stable owners don’t rely on loosely worded boarding contracts with one-size-fits-all contractual language, because they know the cost of an attorney is minuscule compared to a judgment against them in a personal injury lawsuit.

More casual horse boarding operations would be wise to follow suit. Non-paying boarders or those routinely late with payments often present a problem that ends up with the horse as the only bargaining chip. In these situations, frustrated stable owners sometimes overstep legal boundaries.

“Declaring the stable to be the owner of the horse and selling it without following the law or putting the horse in the stable’s lesson program may not be legal,” says Julie Fershtman, a national trial lawyer, legal consultant, and author of two award-winning editions of Equine Law and Horse Sense. Fershtman is widely considered one of the top equine attorneys in the U.S.

“Stable owners of all types and sizes should be aware of their state agister’s lien statutes that give them a security interest in the horse that allows them to enforce the lien after a specified period of time has passed and the stable has performed specific procedures,” she says.

Boarding contracts typically include the Equine Liability Law for the state, and stable owners are also required in many states to post signs in the most visible barn areas to remind everyone of the inherent risk associated with horse activities. Copies of equine activity liability releases (sometimes referred to as waivers) should be on-site, signed and dated by non-boarders.

Some horse owners mistakenly believe equine liability waivers are not successfully defended in court, when the reverse is true. Even so, an equine liability release does not guarantee the stable cannot be held liable for any accident. For instance, a lawsuit can be brought by a boarder who can prove the stable owner has been negligent by failing to perform reasonable measures to protect the safety of boarders and their horses.

“Many in the horse industry misunderstand equine activity liability laws, currently found in 48 states, and wrongly assume that these are ‘zero liability’ laws,” says Fershtman.

“That is not true. Although many of these laws limit the basis for a claim or lawsuit, they typically allow for the possibility of certain types of claims to be brought.”

Horse owners sometimes view boarding contracts as routine paperwork that protects the rights of the stable owner, yet these signed agreements are often relied upon by both parties when a dispute arises.

3. Leasing or Share Boarding

While an arrangement for leasing a horse can be a win-win for both parties, the best way to make sure everyone is on the same page is to write down the terms, fees and exclusions, and require each party to read and sign the contract. Without a written reminder, the lessee may believe her payments are for the purchase of the horse rather than its temporary use.

That’s merely one of many disagreements that can arise when time passes and memories fail. A written contract can include standard terms, such as duration of the lease, payment schedule, which days are assigned to each rider, and who is authorized to ride the horse.

More detailed contracts can define liability issues, who is responsible for veterinary and farrier care, and whether the lessee has the option to buy the horse during or at the end of the lease. The more specific the contract, the greater the chance of a positive outcome.

4. Trailering

When you own a horse trailer, you can count on someone eventually asking to borrow it, use it in an emergency, or asking you to transport a horse in your trailer for a fee.

In these situations, you need to be aware of what your insurance policy will or will not cover. Those who assume their homeowner’s policy or car insurance will pay an accident claim involving a horse trailer and someone else’s property can live to regret it.

For example, a policy may cover personal use of your truck and trailer, yet consider you a commercial entity if you were paid to transport someone else’s horse. Unfortunately, insurance companies look for holes in your policy that allow them to deny claims. This is why policy holders never want to hear their insurance agent say, “read the fine print” after something goes wrong.

5. Insurance

Commercial horse businesses generally carry extensive insurance because their liability is multiplied by buildings, equipment, employees, boarders and visitors. Always know what your insurance specifically covers before you need it.

Trainers and riding instructors should be especially careful since they are on the “front lines” with more hands-on responsibility for clients and horses. Many carry umbrella policies that cover general liability insurance plus added coverage for care, custody, and control of their clients’ horses. The facility where training and riding instruction is conducted does not typically carry coverage that indemnifies trainers and riding instructors.

Horse owners and those in the horse industry shouldn’t live in continual fear of being sued, but we do live in a litigious society. Covering all bases with solid, detailed contracts, hiring a lawyer to handle complicated but common legal issues, and buying insurance specific to your horse activities is the best way to protect your assets.

This article about common legal issues in the horse world appeared in the May 2022 issue of Horse Illustrated magazine. Click here to subscribe!

The post Common Legal Issues in the Horse World appeared first on Horse Illustrated Magazine.

I’ve been privileged to provide vet care for many horseback outfitters, guest ranches and dude ranches throughout the course of my 22-year career, and I can attest that the majority take excellent care of their animals. They provide high-quality feed, stay on top of preventive care for each horse, and have the vet out promptly when an animal is sick or hurt. These horsemen and horsewomen develop a strong bond and partnership with their horses and mules. They’ll always put the needs of their working animals first, and I am proud to be their veterinarian.

The Dark Side

But there are some businesses out there that represent the dark side of the horse industry. These places spend little to nothing on their horses’ care. They ignore injuries and ailments, overwork their animals, underfeed the herd, and send visibly lame and sick horses on long trail rides. The property is usually filthy and run-down, and the staff are unkempt and unfriendly.

In the staff’s defense, they’re not treated much better than the horses. They’re also overworked, grossly underpaid, and depend mainly on tips from the guests to pay their bills.

There’s always an owner somewhere making a darn good living off their shoddy business. They usually live in a different state, own multiple dude outfits or horse-leasing businesses, and if they’re ever on-site (which is rare), you’ll recognize them by their fancy new diesel trucks, expensive clothing, and complete disregard for the law.

Although there are cruelty laws in place, they’re often vaguely worded and leave large, clumsy loopholes for owners like these to take advantage of when it comes to horse care. There’s occasionally a day of reckoning for some of these outfits, but it’s the horses who ultimately pay the price. And there’s always a very long line of complicit people who help the owners by remaining silent when they should be reporting the situation.

Law Enforcement Case

One day, I was visiting such a place at the request of a law enforcement officer who had received complaints from the public, and it was not a happy visit. The horses were overcrowded and packed into small pens. The few feeders that contained hay were populated by the stronger, healthier animals while the weaker and lower-ranked horses eyed the sparse hay from a safe distance.

Judging by the protruding ribs and bleeding injuries on the horses who weren’t at the feeders, it was sadly obvious who was getting the lion’s share of the calories and who was not. And horses are not kind to one another when competing for resources.

As I walked through the herd of horses with the police officer, more and more injuries became apparent. There were bleeding legs, infected cuts and scrapes, and dozens of horses had horribly overgrown hooves and limped painfully around the pens. Ancient, skeletal horses with bulging, arthritic joints stood quietly in the background.

They closed their eyes and lowered their heads for a face rub when I walked over to examine them. When the horses still trust us after humans have utterly failed them, it kills my soul in ways that I cannot explain.

I could see something odd on one horse’s back. As we got closer, I realized that I was looking at a cantaloupe-sized and partially ruptured abscess where a saddle had rubbed deeply into his flesh. Another nearby horse had an eye that was swollen shut, his face soaked with tears and discharge from the untreated injury.

I gestured to the officer, and we haltered the two horses after taking some pictures and video. The horse winced as I gently probed the enormous abscess on his back and thick pus flowed freely down his side. He was shaking in fear, probably expecting to be saddled and ridden despite his condition.

I ran a hand over his neck and murmured to him, then reached for my medical bag and drew up some pain medication for him and for the horse with the eye injury. I knew I wouldn’t get reimbursed for the medications, but I didn’t care.

Who Pays the Price

“You’re going to file charges, aren’t you?” I asked the officer.

He shrugged. “Oh, we absolutely will, but I can already tell you that nothing will happen. The DA claims that we can’t prove that this owner knows anything about the neglect, and he’s already blaming his staff for everything. They’re filing charges against the staff members, so the owner just drives off in his fancy truck while they take the heat. As usual.”

I exhaled in frustration. “So, nothing changes for the horses? Does he get any sort of follow-up from the department to make sure he cares for these injuries?”

The officer looked sadly at me. “The horses are his property. If the DA won’t charge him with anything, our hands are tied. Yet our department faces the wrath of the public who don’t understand why he gets to keep the horses. They blast us on social media and send us hate mail. And he goes and opens another dude outfit somewhere else, and it begins all over again.”

I looked again at the sad herd standing quietly in their filthy pens and had to fight back tears. I knew that the officer felt the same way.

“How do you keep going?” I asked him. He patted my hand sadly but didn’t answer me.

Need for Change

That night I stayed up until the wee hours looking up every cruelty law and reading every statute related to horse businesses that I could find. By 2 a.m., I’d given up.

Until someone with the know-how and the power to enact a change gets involved, this will indeed happen again and again. Owners need to be held fully responsible for the well-being and care of their animals, and there need to be much higher standards for animal care in operations like these. The laws for horse care need to be crystal clear, and unfortunately they aren’t.

Maybe you’re the one who can help close these loopholes and change the law.

This article about the need for stronger laws to ensure good care of outfitters’ horses appeared in the May 2022 issue of Horse Illustrated magazine. This is an edition of Vet Adventures, which appears in each issue. Click here to subscribe!

The post Repercussions Needed for Some Horseback Outfitters appeared first on Horse Illustrated Magazine.

Our generally optimistic outlook on life with horses is not often eroded by a fear of being sued. Most of us never expect it from loved ones or horsey friends, yet this precise situation happens with some frequency.

A myriad of hazardous situations involving horses can result in a lawsuit, most too complicated to resolve without an experienced attorney. Yet we offer horseback rides to family members, casually board horses on our properties for extra income, and lend our trailers to friends.

The following should not constitute legal advice—always consult an attorney for that—but these five topics are designed to give you an idea of the prime areas of conflict that crop up in equine legal disputes and court cases.

1. Legality when Buying and Selling

Far too many horse buyers are more emotional than careful when buying a horse, and thus they are amazingly cavalier about documenting the transaction. They fall in love with a horse, sometimes by merely looking at it online, and purchase it sight unseen.

Most buyers and sellers jot a few words on paper about the exchange of money and consider that sufficient to change ownership. It may be for some, but protection in a dispute about ownership is better ensured with a detailed and thorough contract that you can easily find if needed.

If presenting a contract—or signing one already drawn up—seems beyond the needs of the average horse owner, consider how many horse buyers wait for registration papers that never arrive, take possession of an injured horse upon delivery, or discover their new performance horse has a periodic lameness issue related to a previous case of laminitis that the seller neglected to disclose. Those equine legal issues can be easily prevented with a proper contract.

Sometimes the seller insists on a “right of first refusal” (see sidebar, left), yet the buyer sells the horse without informing the former owner. What is the recourse when a sale is made on a proverbial handshake deal?

If hiring an attorney to draw up the specifics of a sale seems like overkill, at least consider using one of the many online equine sales contracts that provide a good starting point for buyers and sellers. Specific details or modifications can be added by either party to strengthen its viability, should a dispute arise.

2. Equine Legal Issues When Boarding

Most boarding stable owners are careful enough to require signed documentation from boarders limiting the business’s risk of liability in the event of an accident involving a boarder or their horse. That document typically outlines the rules established by the stable for everything from turning off arena lights to requiring all one-day riders or those test-riding a horse for possible purchase to sign a legal liability waiver.

High-profile boarding stable owners don’t rely on loosely worded boarding contracts with one-size-fits-all contractual language, because they know the cost of an attorney is minuscule compared to a judgement against them in a personal injury lawsuit.

More casual horse boarding operations would be wise to follow suit. Non-paying boarders or those routinely late with payments often present a problem that ends up with the horse as the only bargaining chip. In these situations, frustrated stable owners sometimes overstep legal boundaries.

“Declaring the stable to be the owner of the horse and selling it without following the law or putting the horse in the stable’s lesson program may not be legal,” says Julie Fershtman, a national trial lawyer, legal consultant, and author of two award-winning editions of Equine Law and Horse Sense. Fershtman is widely considered one of the top equine attorneys in the U.S.

“Stable owners of all types and sizes should be aware of their state agister’s lien statutes that give them a security interest in the horse that allows them to enforce the lien after a specified period of time has passed and the stable has performed specific procedures,” she says.

Boarding contracts typically include the Equine Liability Law for the state, and stable owners are also required in many states to post signs in the most visible barn areas to remind everyone of the inherent risk associated with horse activities. Copies of equine activity liability releases (sometimes referred to as waivers) should be on-site, signed and dated by non-boarders.

Some horse owners mistakenly believe equine liability waivers are not successfully defended in court, when the reverse is true. Even so, an equine liability release does not guarantee the stable cannot be held liable for any accident. For instance, equine legal issues may arise if a boarder can prove the stable owner has been negligent by failing to perform reasonable measures to protect the safety of boarders and their horses.

“Many in the horse industry misunderstand equine activity liability laws, currently found in 48 states, and wrongly assume that these are ‘zero liability’ laws,” says Fershtman.
“That is not true. Although many of these laws limit the basis for a claim or lawsuit, they typically allow for the possibility of certain types of claims to be brought.”

Horse owners sometimes view boarding contracts as routine paperwork that protects the rights of the stable owner, yet these signed agreements are often relied upon by both parties when a dispute arises.

3. Equine Legal Issues when Leasing

While an arrangement for leasing a horse can be a win-win for both parties, the best way to make sure everyone is on the same page is to write down the terms, fees and exclusions, and require each party to read and sign the contract. Without a written reminder, the lessee may believe her payments are for the purchase of the horse rather than its temporary use—and that’s a recipe for equine legal issues.

That’s merely one of many disagreements that can arise when time passes and memories fail. A written contract can include standard terms, such as duration of the lease, payment schedule, which days are assigned to each rider, and who is authorized to ride the horse.

More detailed contracts can define liability issues, who is responsible for veterinary and farrier care, and whether the lessee has the option to buy the horse during or at the end of the lease. The more specific the contract, the greater the chance of a positive outcome.

4. Equine Legal Issues when Trailering

When you own a horse trailer, you can count on someone eventually asking to borrow it, use it in an emergency, or asking you to transport a horse in your trailer for a fee. All of those situations can lead to potential equine legal issues, if you don’t take the right preventative steps.

First, you need to be aware of what your insurance policy will or will not cover. Those who assume their homeowner’s policy or car insurance will pay an accident claim involving a horse trailer and someone else’s property can live to regret it.

For example, a policy may cover personal use of your truck and trailer, yet consider you a commercial entity if you were paid to transport someone else’s horse. Unfortunately, insurance companies look for holes in your policy that allow them to deny claims. This is why policy holders never want to hear their insurance agent say, “read the fine print” after something goes wrong.

5. Equine Legal Insurance

Commercial horse businesses generally carry extensive insurance because their liability is multiplied by buildings, equipment, employees, boarders and visitors. Always know what your insurance specifically covers before you need it.

Trainers and riding instructors should be especially careful since they are on the “front lines” with more hands-on responsibility for clients and horses. Many carry umbrella policies that cover general liability insurance plus added coverage for care, custody, and control of their clients’ horses. The facility where training and riding instruction is conducted does not typically carry coverage that indemnifies trainers and riding instructors.

Horse owners and those in the horse industry shouldn’t live in continual fear of being sued, but we do live in a litigious society. Covering all bases with solid, detailed contracts, hiring a lawyer to handle complicated issues, and buying insurance specific to your horse activities is the best way to protect your assets.

The post Avoiding Equine Legal Issues appeared first on Horse Illustrated Magazine.

On November 25, the Preventing Animal Cruelty and Torture (PACT) Act, H.R. 724, was signed into law by the president. The bill, led by U.S. Sens. Pat Toomey (R-PA) and Richard Blumenthal (D-CT) and U.S. Reps. Ted Deutch (D-FL) and Vern Buchanan (R-FL) passed the House and Senate in recent weeks without dissent. The PACT Act establishes the first federal animal anti-cruelty law in American history.

Marty Irby, Animal Wellness Action’s executive director, attended the signing ceremony in the Oval Office along with U.S. Rep. Vern Buchanan. Animal Wellness Action is a Washington, D.C.-based 501(c)(4) organization with a mission of helping animals by promoting legal standards forbidding cruelty.

“We’re thrilled to see the first anti-cruelty statute in American history signed into law and applaud President Trump and the Congress for providing the voiceless with a level of protection never seen before,” said Irby. “The PACT Act will allow federal authorities to crack down on the most egregious of animal abusers and help keep American pets safe from harm.”

“For many Americans, their pets are a part of the family—that’s been true in my house, and that’s why the signing of this bill today is such an important milestone,” said Buchanan. “I want to thank all of the animal welfare groups who worked so hard to help get this bill passed and signed into law.”

The PACT Act would prohibit extreme acts of cruelty when they occur in interstate commerce or on federal property and cracks down on widespread sexual abuse of animals (bestiality). While current federal law bans the sale of videos showing illegal acts of cruelty, it does not prohibit the underlying conduct.

Law enforcement agencies across the country, the National Sheriffs’ Association, the Fraternal Order of Police, and the Animal Wellness National Law Enforcement Council, have endorsed the Preventing Animal Cruelty and Torture (PACT) Act because of the well-documented connection between animal cruelty and violence against people.

The bill obtained a tremendous showing of support with 302 co-sponsors in the House and 41 in the Senate. The Senate bill previously passed the Senate by unanimous consent in the 114th and 115th Congress, but it was blocked in the House at that time by former House Judiciary Chairman Bob Goodlatte (R-VA) despite the overwhelming bipartisan support.

The Animal Wellness Foundation (Foundation) is a Los Angeles-based private charitable organization with a mission of helping animals by making veterinary care available to everyone with a pet, regardless of economic ability. The organization organizes rescue efforts and medical services for dogs and cats in need and helps homeless pets find a loving caregiver. The organization advocates getting veterinarians to the front lines of the animal welfare movement; promoting responsible pet ownership; vaccinating animals against infectious diseases; and also support policies that prevent animal cruelty and that alleviate suffering.

The post Preventing Animal Cruelty and Torture (PACT) Act Becomes First National Animal Anti-Cruelty Law appeared first on Horse Illustrated Magazine.