Your Guide to Equine Law

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Tips for Screening Potential Boarders for Your Horse Stable

Whether you currently run a successful stable or are in the midst of opening a new one and are planning to board horses, you will want to ensure you screen your potential boarders carefully. A lawyer who specializes in equine law can help you draft up the legal paperwork once you have screened the potential boarders. While every stable has their own set of criteria, these are some of the main the main things to look at when vetting potential boarders.

The Barn

If someone is looking to board, they will want a barn that has fair rules and can be flexible. If you are able to work with your boarders, they are more likely to return the favor and be wonderful boarders who you will not have a lot of issues with.

Monthly Fees

Think of this as you are renting out a room in your own home. You will want to find a tenant who is reliable and will pay any monthly or yearly fees on time. When you are meeting with a potential boarder, be sure not to judge on whether or not they can pay on time based off of their car or clothes. Just because they have the newest, or flashiest car, doesn’t mean they will be able to pay.

You may also find a boarder who pays on time, but had an emergency come up. Again, be fair, and if they ask if they can change to a payment plan or are struggling to pay, work with them if they haven’t given you issues in the past.

Horse Size

Another factor you will want to look at is the size of the horse the potential boarder is looking to board. You want to ensure the horse has a safe living environment and not be housed in a stall that is too small. That is not fair to the horse.

The Boarder

This may seem unusual, as you are more concerned with the horse, however, the behavior and personality of the boarder themselves can speak volumes. Again, you want to ensure the overall environment of the stable stays positive. Having a boarder who treats their horse badly or who is arrogant or standoffish may not be the best for your stable. If you believe the boarder could cause issues around the stable, it’s okay to say no to boarding their horse.

These are just three tips for helping to screen potential boarders at your stable. If you have any other tips, feel free to share with us!

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3 Things New Horse Trainers Should do to Stay Protected

A career as a professional horse trainer is a challenging yet highly satisfying way to earn a living. You have the opportunity to work with horses daily, teaching them certain behaviors and actions, and preparing them for riders. You help horses adapt to wearing saddles and bridles, and teach them riding commands. Your role may also involve working with horses to correct behavioral problems due to abuse, neglect, or other trauma. While working as a horse trainer is a very pleasing career, there is also some risk involved and it’s vital that you know of the necessary steps to take to keep you and your business protected.

Get Insurance

Horse trainers who charge a fee for service are encouraged to consider horse trainer insurance. Most horse trainers provide services at different stables and under different owners and managers. Consider that every horse you ride and train can present risks. Keep yourself protected from a variety of risks wherever you are, whether you’re at the barn, a track, or an auction with insurance.

Use Release of Liability Forms A liability release protects you in the instance that you are sued. It should include every person or entity that could be sued in connection with an incident. A horse trainer’s liability release should include the trainer him/herself and his/her employees and contractors, as well as and the training facility owners and their employees and contractors.

Develop a Training Contract

It’s imperative that horse trainers and their clients document their agreement and terms in a contract to avoid disputes, such as breach of contract, negligence, and fraud. A training contract helps to set appropriate expectations and limits your liability. An experienced equine attorney can help prepare and review the training contracts you’ll be using to keep you protected.

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I Bought a Horse with Behavioral Problems: Do I Have a Case?

Behavioral problems in horses can include a wide range of behaviors, including:

·         Aggression towards people or other horses, including bucking, biting and kicking

·         Stereotypic behaviors like cribbing, wood chewing, eating sand or dirt, frequent urination, stall walking, stall kicking, pawing, head shaking and self-mutilation

·         Eating disorders like eating feces, obesity or anorexia

·         Fears and phobias

·         Sexual problems like nymphomania, silent heat, poor libido or psychic estrus

·         Foal rejection

 If you’ve purchased a horse that is presenting one or more of these troublesome behaviors, you might wonder about the complexities of horse law and whether you have a case for any sort of compensation.

 When deciding if you have a case, here are some key questions to ask:

 Is the behavior problem legitimate?

Before answering other questions, you should first ensure that your horse’s problem is a legitimate behavioral issue and not just slightly abnormal behavior. A problem must be serious enough that it is unreasonably dangerous for riders or handlers.

 If you move forward with legal action, a professional trainer will likely inspect your horse. This person will ensure the behavioral problem is legitimate and serious, and not simply caused by issues with the horse’s new environment like discomfort or an ill-fitting saddle.

 How long has the horse had this problem?

You’ll need to prove this horse’s behavioral problem existed before you bought the horse. You could investigate by contacting previous stable managers if the seller kept your horse at a boarding stable, by contacting the seller’s vet or previous owners, or by asking about the horse at circuits where it competed.

 People you interview can also let you know if the seller knew about this behavioral problem – for example, if they saw the horse exhibit the problem in front of the seller or if they had a bill of sale that notified the seller of the behavior.

 What type of seller did you buy from?

If the seller was a professional trainer or breeder, they may be subject to a warranty that is implied in sales from any merchant. However, if you bought from an individual, they are not subject to similar laws.

 What does your contract say?

If your contract discloses the problem, you don’t have a case. However, if not, an “as is” clause won’t help sellers to avoid fraudulent presentation of the horse’s attributes. Also, check for a return policy in the contract.

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Leasing Your Across State Lines

Horse leasing has always been common among horse owners and lessees, as it offers benefits for both parties. In addition to the financial benefit, horse owners benefit from knowing their horse is being cared for and ridden. Meanwhile, riders who can't afford to buy a horse are able to ride or even show. They also learn the responsibilities of ownership before committing to buy.

In the past, horse owners would only lease their horses to people they knew. But, now with the internet people have access to a larger pool of horse enthusiasts and can connect with those in other states. This provides more opportunities for horse owners, as well as those seeking to lease.

Leasing horses across state lines is becoming increasingly popular. It can be a win-win situation for both parties involved, but it's important for horse owners to do their due diligence before submitting their horse to someone's care. You should require potential lessees to submit references, and you should thoroughly examine their horse care and riding histories.

Like with any lease agreement, you need a well-written contract. Equine law varies by state, and you need to be clear about which laws you intend to apply to your contract. Make sure you understand the equine laws of both states and construct the contract accordingly. While contracts for lease agreements can be found online, you shouldn't rely on them. These contracts are not specifically tailored to your situation. They also often leave out important protection clauses and may not comply with state laws. Instead, consult a lawyer when creating your lease agreement to ensure it is rightfully written and that you are protected.

An equine lawyer will ensure you create a lease agreement that covers all the important details, including the length and terms of the lease, insurance information, who is authorized to ride and handle the horse, and so on. Your lawyer will also guarantee the correct language is used. In order for the lease to be legally binding, it must be signed by you and the lessee.

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California Equine Laws You Need to Know

Whether you’re a horse owner, trainer, boarder, rider or seller, it's important you understand your rights and liabilities. Misunderstandings of equine laws can lead to disputes and costly litigation. Here are some important equine laws you should know.

Assumption of the Risk

Many states have an Equine Activity Liability Act, but California does not. These laws limit liability for injuries and deaths associated with horse-related activities. Under these laws, there is an assumption of the risk. This means someone assumes the risk of participating in a potentially dangerous activity. They assume the risk if they have complete knowledge of the associated risks and choose to participate anyway.  While California does not have an Equine Activity Liability Act, assumption of the risk can still be a successful legal defense in horse accident lawsuits.

Duty of Disclosure

In a horse sale, the seller is legally required to tell the truth and disclose important facts to the buyer. This includes facts about the health, soundness and disposition of the horse. Liability for fraud occurs when a seller misleads a prospective buyer; fails to disclose an important fact that could not have been found by the buyer; or actively conceals an important fact.  

Duty of Care and Supervision

Whether you're a trainer or boarding stable owner, you are required to follow Duty of Care and Duty of Supervision when a horse is under your care. Under Duty of Care, trainers must adhere to a standard of reasonable care and do what is customary and sensible for the care of horses. For instance, a trainer must treat the horse humanely, feed it and have it treated by a vet. Duty of Supervision means you must appropriately supervise others handling the horse while it is under your care, such as a groomer, vet or farrier.

In addition to Duty of Care and Supervision, you are legally required to be truthful with a horse owner about how you are handling and caring for the horse, as well as inform them of any injuries or illnesses that occur when the horse is under your care.

Avoiding Liability  

To avoid liability, you need to understand equine laws and what causes liability. Comply with applicable laws, and protect yourself with well-worded contracts and liability releases, as well as liability insurance. Consult with a knowledgeable horse lawyer before entering a contract.

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What liabilities do horse trainers have for horses in their care?

Many horse owners hire a trainer to train their horses for horse racing, showing and riding. But, what if something happens to a client's horse under the trainer's care? Is the horse trainer liable for accidents and injuries? Our equine law experts at Catanese and Wells explain the liabilities of horse trainers for horses in their care.

Duty of Care

When a horse owner leaves their horse in a trainer's care, the trainer is legally required to exercise Duty of Care. A trainer must follow a "reasonable standard", which means they must do what is normal and customary for the care of horses. They must provide the same level of care as a sensible and careful trainer would in similar situations. A trainer is expected to feed the horse, have a vet care for it, treat it humanely, and so on.

With that said, a trainer must do what's reasonable given the facts and circumstances. If the facts change, then the reasonable standard for care might change. For instance: if you were driving a car and it was foggy and raining hard, then you would turn your lights on and drive slower and more cautiously.  

Duty of Truthfully Informing the Owner

Horse trainers are also legally required to be truthful with their customers. Under the law, a horse is property. Therefore, the trainer must keep the owner informed and be truthful about how they are managing and handling their horse. If the horse suffers an injury or illness, then the trainer is required to inform the owner of the condition. The trainer cannot conceal or mislead the owner from what's going on with their horse.

Duty of Supervision

Trainers must properly supervise the groomers, veterinarians, and farriers handling the horse when it is in their care.  

Trainers must legally comply with these major duties; otherwise the horse owner can take legal action for the mistreatment of their horse. To further protect your horse training enterprise, you should obtain the proper liability insurance and include a liability release within your training contract. To learn more about the legalities of horse training, contact Catanese and Wells: 818-707-0407.

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Traveling with Your Horse? Follow These Helpful Tips

While traveling with your horse can be a lot of fun, a long-distance trip can quickly become stressful if your horse doesn’t react well during the process. Despite the size of the horse trailer or length of the move, it is very important to take the right precautions to ensure your horse remains happy and healthy during the ride. Here are some tips to make sure you take the right steps when traveling with your equine friend.

Plan Your Trip

If it’s your horse’s first time traveling, practice loading your horse into the trailer. This way your horse will be comfortable with and not surprised by the trailer. Also, find out how long the trip will take, and the best route to follow. You should schedule regular stops in advance to check in on your horse’s well-being.

Check on Your Horses Health Prior to the Move

Make sure your horse is well enough to travel. A sick horse should not do any type of traveling, unless it is to see the vet.

Know What the New State Requires

Each state has specific regulations on traveling across state lines with animals. These are required to prove your horse’s health and ensure they are up-to-date on vaccines. Common travel documents needed include a Health Certificate, Brand Inspection, and a negative Coggins test. Check with the state you’re traveling to in advance so you know what documents you need.

Ensure Your Horse is Comfortable

Make sure your horse is as comfortable as possible in the trailer to help them stay calm and relaxed. Put down bedding and a hay net.

Essential Trailer Checks  

Before you leave for your trip, check your oil, water and fuel levels, and ensure your vehicle and trailer are in good condition for the ride ahead.

Be Prepared If Something Goes Wrong

Although you don’t want anything to go wrong, of course, you should always be prepared in the instance that something does. This is especially true if your horse is injured during the move. Consult with an experienced horse lawyer should you experience any equine-related problems during your travel.

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Mistakes People Make Selling Horses

If there’s one thing you know: its horses. You’ve been riding since you’ve been old enough to walk, and you seem to be the only one at the barn that knows how to read the mood of the horse. You may know everything there is about riding, but you may not know a lot about business. The equine industry is full of prospective buyers, and you’re going to miss a lot of sales, especially if you aren’t prepared. Do you feel like you could have gotten more money for a breeding mare that had an impressive lineage? Do you feel like you have a lot of prospective buyers, but have trouble closing? If you’re tired of missing out on good money and lucrative sales, don’t make any of these mistakes the next time you sell.  

Being needlessly negative

“Gelding has brought home over 10 blue ribbons in the past 5 years, but he can be a bit difficult.”

“This mare is very friendly and has bred a lot of foals, but it would have been great if she gave us a few more over the past year.”

Statements like this may seem ‘positive’, but when stable owners say negative things about their horses, they aren’t going to make a sale. If anybody should have a plethora of nice things to say about their horse, it should be the seller. You should always disclose any temperament or health issues to any potential buyer, but you should only have nice things to say about what you’re selling.

Telling the client what they want instead of listening

You have a prospective buyer that’s looking for a tame horse for their 7 year old that has never ridden before. They keep saying that they’d like something small like a pony, but you insist that you have a gentle gelding that loves children. Another buyer is looking to add another mare to their barn that has proven birthing experience, but you insist that a young mare you have that has never been pregnant would be the ideal horse. You may be the horse expert, but some people are going to come to the barn with a specific horse in mind. Always give your input, but don’t try to push anything on them.

Not knowing the law

Your prospective buyer is going to buy a horse for a friend’s daughter, and they want to know if it’s possible to write off the horse on their returns.  You’re trying to sell some older horses, and you botch a sale because you didn’t know that your state had laws about selling retired racehorses. Equine law can vary from state to state, and if you want to get serious about selling you need to know the law.

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Five Things to Be Aware of Before You Purchase a Horse

Are you thinking about purchasing a horse? You might want to read the rest of this post. Buying a horse can be a great decision that leads to an amazing journey with a majestic being. However, at the same time, it’s not for everyone, and you have to be honest with yourself before you agree to purchase a horse. 

Besides the initial investment, a horse requires extensive care that could end up being very expensive. In many cases, it might be a good idea to speak with a lawyer who specializes in equine law before you sign a contract. Here are other things to keep in mind:

Ask Yourself Why You’re Buying a Horse in the First Place: Are you a rider who wants to take your training to another level? Do you want a horse as an investment and plan on putting it in races?  

Do You Have the Money and Facilities to Take Care of a Horse: As mentioned above, a horse can be very expensive. Do you have a stable, plenty of open land, and the money available to provide the care the horse needs?

What Kind of a Horse Can You Take Care of? Are you more of a novice rider or have never owned a horse before? You probably won’t want a horse that is too aggressive or untrained. Be honest with yourself so you don’t end up with a horse you can’t control. 

Have You Met the Horse? Do not buy a horse online or unseen. A horse is not an iPod. You don’t know exactly what you’re signing up for. Meet the horse and bring those whom you trust and have previous equine experience to help you make a good decision. 

Do You Have a Good Attorney? You should have an attorney review your contract before you agree to a purchase. Be sure to choose an attorney with equine law experience as horse purchases require specialized understanding and experience of the law. 

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What You Need to Know about Equine Liability Insurance

If you’re a horse owner, there are many equine legal solutions to help keep you liability free in case of an emergency. The most basic of these is having the right insurance. However, equine liability insurance is a complicated field, and many horse owners leave themselves vulnerable even when they think they’re protected. Here are four things you need to know.

#1 Homeowner’s insurance will not cover business related activities

This is easily the most common mistake we see horse owners make, and it can be costly. Imagine you own just a few horses, and they’re stabled on your home property. You mostly ride them for fun, but on occasion you give horse riding lessons on your property as well. Any injury that might happen should be covered by your home liability insurance—right?

Unfortunately, the answer is no. Homeowner’s insurance specifically excludes business related activities. So if you’re teaching your cousin to ride as a favor, an injury might be covered. But the minute money changes hands, the activity goes beyond the scope of home liability insurance. You need either equine liability insurance, a business general liability policy, or both.

#2 There are limits to what a policy will pay

Even when you have the appropriate insurance, it may or may not cover all of the costs for a given incident, and there will be a per-year maximum.

For example, let’s say you have an equine liability policy for $500,000. That means they will pay out up to $500,000 for any given incident. But if there are multiple incidents, the insurance will cap out at a total of $1,000,000 (twice the per-incident maximum). This $1,000,000 figure can be spread over any number of accidents, but it cannot be exceeded.

If the cost of an incident goes over one of these limits, you will be liable for the difference out of pocket. Head injuries from horse accidents can easily cost hundreds of thousands or more, so make sure you have a high enough limit on your policy.

#3 General liability insurance will not cover other people’s horses

Everything above refers only to your own horses. If you are boarding other people’s horses either temporarily or long term, they are not covered under general liability insurance nor many standard horse liability policies. But there are solutions, including additional equine insurance that covers boarded horses.

#4 Get liability for your workers

If you have workers, including stable workers and groomers, injuries to them are not covered by general liability insurance, and you could be liable. This is true even if they are not your direct employees (they’re independent contractors). Make sure you have a policy that covers workers too.

Before you buy a policy, it can help to discuss your equine legal solutions with a qualified attorney. A half hour sitting down with an equine lawyer can save you hundreds of thousands of dollars later.

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Riding Helmet Safety Standards

While in most states, it's not an equine law that you must wear a helmet while schooling, most English schooling shows as well as rated shows require that all riders wear a helmet today.  However, some states, such as Florida and New York, are starting to require by law that riders under the age of 14 wear helmets at all times they are riding. While equine law does not require riders to wear a helmet while at home or in some Western equestrian events, there are some regulations surrounding helmets, as well as certifications that let consumers know whether or not a helmet is safe to wear. The label "ASTM/SEI certified" has become a common phrase in riding helmets over the years, but not many people know what the acronyms stand or what is required to earn this seal of approval. 

ASTM stands for The American Society for Testing and Materials, who writes safety standards for a variety of things including firefighter's suits and children's toys. There are a variety of testing procedures and safety requirements for each item that the ASTM draws up and then can be adopted by individual organizations, such as USA Equestrian. Once these standards are approved, the Safety Equipment Institute (SEI) ensures that they are followed out by manufacturers. SEI representatives audit the labs in which riding helmets are made periodically.

Testing the helmet For a safety helmet to earn certification regardless of what it's being used for (i.e. riding bike, playing hockey, riding horses), the helmets are dropped onto a flat anvil from a height of about six feet, and from several angles and directions. A second anvil test is designed with the particular risks of the sport in mind. For example, an equestrian helmet may be dropped onto a sharp corner to imitate the impact of a jump or horse hoof. There is also a test to ensure that a helmet's harness strap remains in place during a fall and the straps must hold the helmet onto the head without stretching beyond a certain point. All helmets are retested for concussion and retention after being frozen to minus-20 degrees, heated to over 120 degrees and submerged in water overnight. If the helmet still transfers no more than 300g and the strap is still effective, that design earns ASTM/SEI approval.

Showing regulations The USEF requires that, in classes where a helmet must be worn, the helmet must be ASTM/SEI certified. The USEF requires all junior riders (under the age of 18) in any hunt seat discipline to wear an ASTM/SEI certified helmet with the chin strap fastened when mounted on their horse on show grounds and all riders to wear a helmet when jumping on show grounds. All riders are required to wear certified helmets while competing in Hunter, Jumpers, and Hunt Seat Equitation classes, and in any other class, including Hunter Hack, where jumping is required. In other disciplines such as dressage and any western shows, protective headgear is optional.

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4 Most Frequently Asked Questions Regarding Equine Law

Horse ownership is certainly a highly rewarding experience, and for many it is a lifelong passion. But purchasing and owning a horse presents certain risks and challenges. It’s important to remember that horses are living animals. While they can be trained to be manageable by people for equine activities and everyday care, they may display fearful reactions when they feel frightened or nervous, in which they can unintentionally hurt someone. For this reason, it is important to educate yourself about equine law and know how an equine lawyer can protect your business or hobby. Read on to learn about some of the most commonly asked questions concerning equine law along with answers.

What is an Equine?

When most people hear “equine” they think of a horse. The term equine means of, or relating to, the characteristics of a horse. It can refer to any member of the Equidae taxonomic family, which includes horses and zebras. Because states vary over what is defined as an ‘equine’ you should check with your state’s statutes. For example, some statues don’t declare a zebra as an equine.

What is Equine Law? Equine law is an area of law that pertains to horses and the world of horses. It includes all legal aspects of the horse industry and horse-related activities. This includes buying, leasing and selling horses, breeding horses, boarding, liability (by owners, trainers, riders and students), labor issues, and more.

What is an Equine Lawyer? An equine lawyer has in-depth knowledge of the horse industry and the laws that apply to the industry. Equine lawyers represent any person who is involved in the equine industry including horse owners, riders, groomers and stable owners. They perform many tasks such as evaluating the appropriate way a client should organize their business, drafting and reviewing contracts for equine professionals, addressing specific liability and tax implications, assisting clients in any disputes or allegations, and helping with real estate transactions.

Why Would I Need an Equine Lawyer? Since equine lawyers specialize in equine law and know the rules of the horse industry and how they apply, an equine attorney can help assist you in the instance that you purchase or sell a horse, if you need to create a boarding or breeding contract, of if you face a lawsuit related to equine activities. An equine lawyer can help you by ensuring that you follow all laws of the equine industry, saving you time and money. Should you face a dispute, an attorney will represent you in that matter.

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What is a Right of First Refusal and What are the Legal Implications

A "right of first refusal" is a right granted under a contract that requires the party who has bought or received the horse to give the seller the opportunity to own the horse again if and when the buyer decides to sell or part with the horse. There are many ways to word this clause within an equine sales contract, such as:

Seller retains right of first refusal if, at any time in the life of the horse, the Buyer is unable or unwilling to keep the Horse.  If Buyer desires to sell the Horse, Buyer agrees to contact Seller and allow Seller the first opportunity to purchase the Horse.  Seller also retains right of first refusal to take the Horse back should Buyer wish to place the Horse in a new home, but does not wish any money back.

Right of first refusal clauses can become complex and impose time limits, specify how much must be paid to re-purchase the horse, etc.

What if the Agreement is Not Honored?

If the agreement is not honored and the horse is sold without giving the previous owner the opportunity to buy it back, horse law unfortunately offers few options.

• One option for the previous owner would be to sue for damages, based on the claim that the party was wrongly deprived of the horse and as a result, he or she has lost a sum of money. Unfortunately, proving this type of claim can be difficult. • Another option, if the issue is found before the horse is actually sold to another party, would allow the previous owner to bring a lawsuit to halt the sale from taking place. This lawsuit would seek an injunction or temporary restraining order so the party with the right of first refusal can exercise their rights.

The best way to avoid this type of dispute is to have an experienced equine lawyer draft your contract, along with careful attention by all parties involved within the transaction. Contact Catanese & Wells today at 818-707-0407.

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Equine Law: How Good is Your Liability Release Form?

Barn owners, trainers, and horse owners all benefit from a well-written liability release form. A liability release is a contract specifying the risks associated with riding and being around horses, and saying the party signing won't sue if an accident were to occur while engaging in certain activities. A liability release is important, as it deters people from filing lawsuits and provides an "assumption of the risk" defense to a negligence lawsuit. A well-drafted liability release can disclaim ordinary negligence but typically does not protect against gross negligence or willful misconduct.

Drafting a Liability Release Contract Firstly, a liability release contract should be drafted up by an equine law professional to ensure the contract is enforceable and all the bases are covered. There are quite a few aspects to touch upon with the release, including:

Naming the Right Parties The release must say who the signer agrees not to sue – this should cover every person who could possibly be sued in connection with activity, including the trainer, barn manager, barn owner, as well as any other employees and contractors.

Specifying the Risks A good release will specifically list the risk associated with horseback riding and being around horses. The more dangers listed, the better as the person signing will likely have agreed to accept the danger that might be lawsuit-worthy.

Legal Rights of Minors People under the age of 18 are considered minors and cannot wave their legal rights. However, you can only waive your own legal rights, meaning parents cannot waive those of their children; liability releases signed by parents to waive their child's rights are not enforceable despite they are widely used and accepted. Unfortunately, you cannot protect yourself against liability related to minors and must insure against it. You can also ask the parent to sign an agreement to indemnify you if the minor gets injured and sues you.

Again, it's important to contact an experienced equine lawyer to ensure your liability release form can stand against a lawsuit to protect yourself.

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Legal Tips on Managing Your Equine Business

California has a burgeoning equine industry. That’s a good thing for horse owners across the state, but it also means it’s important to protect yourself legally. Unfortunately many horse owners don’t realize they need a lawyer until it’s too late. When is it a good idea to talk to an equine attorney? Here are some situations that should not go without legal counsel, particularly if you're managing a boarding barn.

• Boarding contracts A high quality boarding contract written by a professional will help manage expectations with boarders, as well as limit your liability and offer resource if there is a breach of contract – payment or otherwise.

• Insurance In addition to property insurance, equine business owners also will need commercial liability insurance and care, custody, and control insurance.

• Liability releases Liability releases should be signed by boarders and their families, show and clinic attendees and virtually any visitor to your property. These releases discourage lawsuits and offer protection in the event of a lawsuit. You should also consider an equine lawyer for events like tax planning, lease agreements, partnerships, incorporating your business, and more.

Hiring an Experienced Equine Lawyer The equine industry is unlike any other industry and requires extensive knowledge and experience to truly knows the ins and outs of all the legalities involved. Therefore, it's more important than ever to hire an equine lawyer with experience within the industry and intricacies of horse law.

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Legal Dos and Don'ts of Purchasing a Horse

Purchasing a horse is a huge decision and it's important to be aware of all the legaltiies that come along with it, including commissions, vet checks, and contracts. Learn more about the specific dos and don’ts to consider when purchasing a horse:

DO ask about commissions While it's very common and legal during an equine business transaction to use a sales agent, a person who acts on behalf of the buyer or seller in a transaction in exchange for commission from the sale, it's important to understand the risks. Many states including Kentucky, California, and Florida have enacted state consumer protection statutes that require the disclosure of any agency relationship in an equine sales transaction. This includes disclosure of commission, and disclosure of whether the agent is a "dual" agent.

Do NOT buy a horse without a vet check A vet check, also known as a pre-purchase exam, takes place prior to purchasing the horse and should be performed by an experienced veterinarian. There are various degrees to which they exam, which is based on your decision and what you're using the horse for. Always use your own veterinarian, don't be afraid to ask questions, and don't accept a bill of sale until the exam.

DO get everything in writing Your purchase contract should clearly state the terms of your purchase, including any representations and warranties that the seller has made about the horse. It's very important to have a lawyer experienced in equine legal situations draw up a contract to ensure there are no discrepancies.

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Equine Veterinary Malpractice: What You Need to Know

Veterinary malpractice cases are much less common than medical malpractice cases with humans due to the large amount of expense and effort – most horse owners choose not to take legal action. Veterinary malpractice cases also awards plaintiffs much less for an injured or deceased animal than they would a human, as the law values animals differently than animal enthusiasts do; horses are considered personal property, therefore a plaintiff cannot recover pain and suffering damages or damages based on any sentimental value of the horse. It can also be difficult to find a veterinarian who will testify against another veterinarian.

There are a few aspects that need to be proven in order to win a veterinary malpractice case, which include:

The veterinarian had a legally recognized duty to handle a professional matter in a certain way.

The veterinarian in question breached this duty.  Most veterinary malpractice cases require expert witness testimony of a qualified veterinarian to prove this.

The veterinarian’s wrongful conduct caused the horse’s demise or devaluation. The horse's demise of devaluation was not caused by any other reason.

There was a sum of money lost due to the veterinarian's malpractice. Damages in a veterinary malpractice action can include: the horse’s fair market value or decrease in value, lost profits and more. Oftentimes, an equine appraiser must prove the animal’s value.

Additionally, a horse owner may have the ability to file a complaint with the state board, which can result in discipline or suspension of a veterinarian's license. In order to avoid veterinary malpractice, it's important to use reputable vets that you know and trust, as well as get major medical and mortality insurance on the horse. If you think you may have been the victim of veterinary malpractice, it's important to contact an experienced equine lawyer to see whether or not the standard of care was breached.