tag:blogger.com,1999:blog-2912716000891274532Wed, 06 May 2009 00:17:06 +0000Get insights, advice and an occasionally a good chuckle about anything related to horses, horse people and equine lawhttp://www.equinelegalsolutions.com/blog.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)Blogger74125tag:blogger.com,1999:blog-2912716000891274532.post-5555148812671489338Tue, 05 May 2009 23:03:00 +00002009-05-05T17:04:27.669-07:00With 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 http://www.equinelegalsolutions.com/2009/05/adopting-horse-avoiding-heartbreak-and.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-6237457561707759730Mon, 20 Apr 2009 21:23:00 +00002009-04-20T15:41:05.244-07:00horse saleshorse traininghorse boardingagister's lienhorse breedingFrom 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 http://www.equinelegalsolutions.com/2009/04/recession-ripples-throughout-horse.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3753936212856769365Wed, 18 Mar 2009 00:45:00 +00002009-03-17T18:38:12.339-07:00This 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 http://www.equinelegalsolutions.com/2009/03/when-accidents-happen-how-to-minimize.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)1tag:blogger.com,1999:blog-2912716000891274532.post-2362367919387623505Sat, 14 Mar 2009 18:23:00 +00002009-03-14T12:08:46.839-07:00When 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 http://www.equinelegalsolutions.com/2009/03/big-california-corporate-filings-ripoff.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-5229148815373896662Thu, 12 Mar 2009 23:12:00 +00002009-03-12T17:27:59.838-07:00Whether 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 http://www.equinelegalsolutions.com/2009/03/are-your-stable-workers-independent.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-5712561196032110129Tue, 03 Mar 2009 21:12:00 +00002009-03-03T13:41:58.368-08:00What 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 http://www.equinelegalsolutions.com/2009/03/should-you-have-signatures-notarized.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-2620756427205593567Fri, 27 Feb 2009 17:30:00 +00002009-02-27T10:46:17.804-08:00horse showsIn 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 http://www.equinelegalsolutions.com/2009/02/what-horse-show-people-can-learn-from.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-8063585719804445671Fri, 20 Feb 2009 01:09:00 +00002009-02-27T10:46:07.541-08:00other equine topicsAs 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 anhttp://www.equinelegalsolutions.com/2009/02/unwanted-horse-publicity-grassroots.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3093618184693141002Mon, 16 Feb 2009 23:40:00 +00002009-02-19T17:06:29.226-08:00other equine topicsIn 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 http://www.equinelegalsolutions.com/2009/02/legal-import-of-horse-registration.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-4101341296359183756Wed, 04 Feb 2009 02:51:00 +00002009-02-04T10:35:49.185-08:00equine insuranceequine liabilityAt 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.http://www.equinelegalsolutions.com/2009/02/why-you-need-insurance-and-liability.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-8000981675265867223Mon, 02 Feb 2009 21:53:00 +00002009-02-02T14:36:10.824-08:00horse saleshorse traininghorse boardinghorse leasingequine liabilityHappily, 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 http://www.equinelegalsolutions.com/2009/02/entering-into-contracts-with-minors.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-8283927499138758505Fri, 23 Jan 2009 01:26:00 +00002009-01-22T17:36:20.664-08:00other equine topicsequine liabilitySome 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 http://www.equinelegalsolutions.com/2009/01/equine-dentists-strike-back.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3236323963338450042Mon, 19 Jan 2009 17:51:00 +00002009-01-22T17:36:51.120-08:00other equine topicsequine liabilityWe'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 http://www.equinelegalsolutions.com/2009/01/defamation-in-horse-industry-part-iii.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-6246237214989930739Sat, 17 Jan 2009 18:43:00 +00002009-01-22T17:36:59.392-08:00horse trainingother equine topicsequine liabilityAs 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 http://www.equinelegalsolutions.com/2009/01/horse-industry-defamation-liability.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-6479007715075330758Wed, 31 Dec 2008 19:24:00 +00002009-01-22T17:37:07.375-08:00horse boardingequine liabilityAt 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 http://www.equinelegalsolutions.com/2008/12/unattended-children-at-boarding-stables.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-7738213300334415510Wed, 17 Dec 2008 01:06:00 +00002008-12-17T20:25:32.236-08:00horse saleshorse trainingequine liabilityWhen 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 http://www.equinelegalsolutions.com/2008/12/new-florida-rules-governing-horse-sales.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-8487870660191251640Thu, 11 Dec 2008 02:12:00 +00002008-12-10T18:13:25.705-08:00horse salesequine liabilityTop 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 orhttp://www.equinelegalsolutions.com/2008/12/top-five-horse-selling-mistakes.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3391610688600834526Thu, 04 Dec 2008 23:01:00 +00002008-12-10T15:40:45.583-08:00horse trainingHorse 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 http://www.equinelegalsolutions.com/2008/12/when-training-client-leaves-how-to-make.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-5903664014322833660Tue, 18 Nov 2008 18:39:00 +00002008-12-10T15:41:20.745-08:00horse salesThis 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 http://www.equinelegalsolutions.com/2008/11/horse-buying-woes-anonymity-isnt-best.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3571673585759138937Tue, 21 Oct 2008 00:01:00 +00002008-10-22T12:57:51.032-07:00other equine topicsLike 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 http://www.equinelegalsolutions.com/2008/10/equine-massage-therapists-under-fire-in.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)1tag:blogger.com,1999:blog-2912716000891274532.post-7087162544319168647Wed, 01 Oct 2008 18:02:00 +00002008-10-22T12:49:44.307-07:00other equine topicsAt 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 http://www.equinelegalsolutions.com/2008/10/contract-signatures-in-digital-age.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-8850013401733396948Mon, 29 Sep 2008 18:48:00 +00002008-10-22T12:49:52.490-07:00other equine topicsAt 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 http://www.equinelegalsolutions.com/2008/09/business-licenses-and-horse-industry.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3283298135338621522Tue, 23 Sep 2008 01:12:00 +00002008-09-22T18:16:07.477-07:00equine liabilityToday, 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 http://www.equinelegalsolutions.com/2008/09/party-liability-releases-smart-thinking.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3848494618537471675Thu, 18 Sep 2008 18:21:00 +00002008-09-19T14:15:16.824-07:00equine liabilityHere'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 http://www.equinelegalsolutions.com/2008/09/family-get-together-horses-lawsuit.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)0tag:blogger.com,1999:blog-2912716000891274532.post-3275652866028449222Thu, 18 Sep 2008 18:21:00 +00002008-09-19T14:18:41.940-07:00horse salesEspecially 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 http://www.equinelegalsolutions.com/2008/09/selling-your-horse-should-you-take-that.htmlrachel@equinelegalsolutions.com (Rachel McCart, Equine Legal Solutions)1