Equine Legal Solutions Horse Law

tag:blogger.com,1999:blog-29127160008912745322009-05-05T17:17:06.670-07:00Equine Legal Solutions Horse LawGet insights, advice and an occasionally a good chuckle about anything related to horses, horse people and equine lawRachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.comBlogger74125tag:blogger.com,1999:blog-2912716000891274532.post-55551488126714893382009-05-05T16:03:00.000-07:002009-05-05T17:04:27.669-07:00Adopting a Horse: Avoiding Heartbreak and Regret

With the closure of U.S. horse slaughter plants and a decline in the U.S. economy, more horses than ever before are being offered "free to a good home." Horse rescue organizations are full to capacity, leaving the private sector to absorb many of these lost equine souls. However, before you adopt, there are some important considerations.Free Horses Aren't Really FreeThere's no such thing as a

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-62374575617077597302009-04-20T14:23:00.001-07:002009-04-20T15:41:05.244-07:00Recession Ripples Throughout Horse Industry

From time to time, I'm asked how the downturn in the economy has affected the horse industry. Here's my perspective as an equine attorney.BoardingAlthough Equine Legal Solutions always receives a lot of calls from boarding stables about boarders who aren't paying their bills, the situation seems to have reached nearly epidemic proportions, particularly in California. Our practice spans

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-37539362128567693652009-03-17T17:45:00.001-07:002009-03-17T18:38:12.339-07:00When Accidents Happen: How to Minimize Horse Event Liability

This interview with a distraught mother whose child was kicked by a horse at the Nebraska Horse Expo illustrates several important points.Prior Planning Prevents Poor PerformanceAs the interview indicates, part of what made the victim's mother so upset is that it didn't seem like the event host had a plan for emergencies. Horse event management should have a written procedure to follow if a

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com1tag:blogger.com,1999:blog-2912716000891274532.post-23623679193876235052009-03-14T11:23:00.000-07:002009-03-14T12:08:46.839-07:00The Big California Corporate Filings Ripoff

When Equine Legal Solutions incorporates a business in California, the business' initial mailing address recorded with the California Secretary of State is typically Equine Legal Solutions' mailing address. As a result, we receive a number of credit card applications and other marketing material directed at new businesses. This deluge of targeted junk mail suggests the California Secretary of

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-52291488153738966622009-03-12T16:12:00.001-07:002009-03-12T17:27:59.838-07:00Are Your Stable Workers Independent Contractors or Employees?

Whether your barn workers are considered to be employees or independent contractors is a complex test of facts and circumstances. Here, we examine the common law factors in the context of relationships between a barn and its stall cleaners. In each A situation, the stall cleaners are more likely to be considered employees, and in each B situation, the stall cleaners are more likely to be

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-57125611960321101292009-03-03T13:12:00.000-08:002009-03-03T13:41:58.368-08:00Should You Have Signatures Notarized?

What is Notarization?Essentially, notarization is a stamp applied to a document by a licensed person, a notary, who is trained to follow certain procedures to verify signatures. In general, to have your signature notarized, you must bring the document to the notary and sign it in the notary's presence. You must also bring a photo ID, which the notary will examine to make sure the name you are

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-26207564272055935672009-02-27T09:30:00.001-08:002009-02-27T10:46:17.804-08:00What Horse Show People Can Learn from a Cat Show

In January, I attended a TICA cat show in Portland, Oregon. Although I'm a cat enthusiast, I don't show cats and am not very familiar with the cat show scene. So, the cat show provided a good window into what it might be like to attend a horse show as a member of the general public vs. an insider.I found out about the cat show via a (free) listing in The Oregonian newspaper about events around

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-80635857198044456712009-02-19T17:09:00.000-08:002009-02-27T10:46:07.541-08:00Unwanted Horse Publicity = Grassroots Lobbying Opportunity?

As discussed in Abandoned Horses - Finders, Keepers? and Abandoned Horses and Title, state laws are not necessarily on the good samaritan's side when it comes to taking care of abandoned horses. Likewise, state laws do not typically permit a boarding stable owner to sell a boarder's horse to satisfy a past due boarding bill without a lot of hassle and expense - see Reasons Not to Foreclose on an

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-30936181846931410022009-02-16T15:40:00.000-08:002009-02-19T17:06:29.226-08:00The Legal Import of Horse Registration Papers

In examining what being the registered owner of a horse means, it's helpful to consider what a horse registry does, and what its purposes are. There are really three basic types of equine registries: breed registries, discipline registries and color registries. Horse breed registries, such as the American Quarter Horse Association or the Arabian Horse Association, are open only to horses of

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-41013412963591837562009-02-03T18:51:00.001-08:002009-02-04T10:35:49.185-08:00Why You Need Insurance AND Liability Releases

At Equine Legal Solutions, boarding stables, trainers, riding instructors and other callers often ask us if they still need insurance if they have liability releases, and vice versa. The answer is, "Absolutely!" Insurance and liability releases play very different protective roles.What Liability Releases DoA well-drafted, properly executed liability release serves two very important functions.

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-80009816752658672232009-02-02T13:53:00.000-08:002009-02-02T14:36:10.824-08:00Entering Into Contracts with Minors

Happily, there are a lot of minors (persons under 18 years of age) involved in the horse industry. At Equine Legal Solutions, we're often asked whether a minor can sign a boarding contract, horse lease agreement or horse purchase agreement. The short answer is yes. But, there are reasons why you may not want to enter into a contract with a minor.Minors Can Back Out of ContractsIn the horse

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-82839274991387585052009-01-22T17:26:00.001-08:002009-01-22T17:36:20.664-08:00Equine Dentists Strike Back

Some states have reacted to the burgeoning equine health care industry by seeking to regulate certain types of care and limit their practice to licensed veterinarians. As discussed previously in the context of the Maryland battle over equine massage, both sides of the debate present logical arguments.In the latest chapter, a well-respected equine dentist won the right to keep practicing in New

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-32363239633384500422009-01-19T09:51:00.000-08:002009-01-22T17:36:51.120-08:00Defamation in the Horse Industry - Part III

We've received a number of questions about our January 17 post, so many that we can't answer them all individually. However, the subject matter of the questions falls into some general categories, which we'll address here.What if the Negative Information is True?Truth is a defense to defamation suits. Practically, that means you can still be sued for publishing negative information, even if it

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-62462372149899307392009-01-17T10:43:00.000-08:002009-01-22T17:36:59.392-08:00Horse Industry Defamation: Liability Revisited

As previously discussed in You Cant Say That! What Horse People Need to Know about Libel, Slander and Defamation, claims of horse industry defamation are frequent, but successful lawsuits are rare. However, a recent situation has highlighted an area of great potential liability for both individuals and equine websites. Equine Legal Solutions certainly doesn't condone abusive training

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-64790077150753307582008-12-31T11:24:00.000-08:002009-01-22T17:37:07.375-08:00Unattended Children at Boarding Stables

At Equine Legal Solutions, our boarding stable clients often ask about parents dropping off their children and leaving them for hours at a time. As one of our clients remarked with some frustration, "I'm running a boarding stable, not a daycare!" What is the risk of having unattended minors (e.g., persons under 18) at your facility? The primary risk is that the child or teen could be involved

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-77382133003344155102008-12-16T17:06:00.001-08:002008-12-17T20:25:32.236-08:00New Florida Rules Governing Horse Sales - Part I

When the State of Florida enacted Section 535.16 of the Florida Statutes tasking the Florida Department of Agriculture and Consumer Services with adopting rules to "prevent unfair or deceptive trade practices" in horse sales, the equine community waited with great anticipation (and a fair bit of scoffing). There was widespread speculation that the horse sale rules would never be promulgated, or

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-84878706601912516402008-12-10T18:12:00.001-08:002008-12-10T18:13:25.705-08:00Top Five Horse Selling Mistakes

Top Ten Mistakes that Even Experienced Horse Buyers Make is one of Equine Legal Solutions' most popular articles, but horse buyers aren't the only ones making mistakes. Here's a review of the top ten horse selling mistakes.(1) Selling Without Full DisclosureIf you don't want to be sued, be honest when you sell a horse. Not only is it your legal duty as a seller, it's good business. Believe it or

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-33916106886008345262008-12-04T15:01:00.000-08:002008-12-10T15:40:45.583-08:00When a Training Client Leaves: How to Make a Departure Pay Dividends

Horse training clients leave a barn for all sorts of reasons. The client’s horse may not be succeeding in the trainer’s program, or the client might feel another trainer’s program is a better fit. Due to job changes, marital problems, or other reasons, the client may be under financial strain. Sometimes, a client is just plain burned out and wants to take a break. Occasionally, a client has

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-59036640143228336602008-11-18T10:39:00.000-08:002008-12-10T15:41:20.745-08:00Horse Buying Woes - Anonymity Isn't the Best Policy

This morning, I walked down to our mailbox and retrieved the December 2008 issue of Horse & Rider. Intrigued by the headline "When Sellers Cheat, We All Lose," I flipped directly to that article and read it with interest while walking back up our lane. Horse & Rider Consulting Editor Sue M. Copeland featured a letter from an anonymous Michigan reader who felt that she had been cheated on two

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-35716735857591389372008-10-20T17:01:00.000-07:002008-10-22T12:57:51.032-07:00Equine Massage Therapists Under Fire in Maryland

Like equine dentists, equine massage therapists are facing legal opposition to their practice in certain states. Here's what's currently happening in Maryland.Does it make sense to limit the practice of equine massage to licensed veterinarians? Today, much like horse trainers, nearly anyone can call themselves an equine massage therapist and start charging for their services. Therefore, the

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com1tag:blogger.com,1999:blog-2912716000891274532.post-70871625443191686472008-10-01T11:02:00.001-07:002008-10-22T12:49:44.307-07:00Signatures on Equine Contracts

At Equine Legal Solutions, we receive a lot of contract questions from our forms customers. Here's one we received today: "How do I "sign" this Sale document and then email it to the buyer, then have them "sign" it and email it back? What about for international sales?"To answer those questions, it's helpful to first examine the purpose of a signature and how equine contract law issues arise

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-88500134017333969482008-09-29T11:48:00.001-07:002008-10-22T12:49:52.490-07:00Business Licenses and the Horse Industry

At Equine Legal Solutions, our boarding stable, breeding farm and trainer clients frequently ask us if they need to go and get a business license. The term "business license" can be confusing, because it seems to imply that special qualifications are needed to operate. In fact, many states and municipalities do regulate certain types of businesses, such as nail salons, and those regulations do

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-32832981353386215222008-09-22T18:12:00.001-07:002008-09-22T18:16:07.477-07:00Party Liability Releases - Smart Thinking!

Today, ELS received a call from a forms customer who planned to have her family's pony available for pony rides at her daughter's own birthday party. She told us that she's planning to send out copies of our Youth Hold Harmless Agreement for Individual Horse Owners with the party invitations. Now THAT'S smart! **Note that this form would not work for a "pony party" where the family didn't own

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-38484946185374716752008-09-18T11:21:00.001-07:002008-09-19T14:15:16.824-07:00Family Get-Together + Horses = Lawsuit?

Here's another example of why it's not a good idea to allow novice guests to saddle up, even if they are family members:Canadian Rescue Sued by Relatives Over Horseback Riding AccidentNote that in this story, the hosts run a horse rescue and are fairly close relatives to the plaintiffs, but even that didn't save them from being sued! The good news here is that it appears the hosts had liability

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com0tag:blogger.com,1999:blog-2912716000891274532.post-32756528660284492222008-09-18T11:21:00.000-07:002008-09-19T14:18:41.940-07:00Selling Your Horse: Should You Take that Lower Offer?

Especially in a down economy, horse sellers are tempted to take their horses off of the market until the market improves. But, how much will it cost to keep a horse until the market does improve, and IF the market does turn around, will the increase in price be enough to justify having the kept the horse all that time?Some horse sellers think, "I can't accept that offer. It's less than I paid

Rachel McCart, Equine Legal Solutionshttp://www.blogger.com/profile/07267200818860160222rachel@equinelegalsolutions.com1