Posts Tagged Equine Law

How an Equine Lawyer Can Benefit You

Apr 11

Posted by catanese in Equine

Whether you’re buying or selling, tax planning, building a contract or agreement, or are settling a dispute related to the horse industry, a lawyer experienced in equine law can help benefit you.

What is equine law?
Equine Law includes all legal aspects of the horse industry and horse-related business, such as buying and selling; breeding; boarding; leasing horses; liability, such as that incurred by owners, trainers, riders and students; labor issues faced by owners and trainers; and more. Catanese & Wells specifically specializes in:

  • General Equine and Horse Law
  • Lease Agreements
  • Breeding Contracts
  • Equine Litigation Support
  • Syndication Agreements
  • Purchase and Sale Agreements
  • Installment Sale Agreements
  • Equine Real Estate and Ranch Matters
  • Tax Planning
  • Equine Insurance Claims
  • Corporations and Partnerships

What does an equine attorney do?

Aside from having profound knowledge of the horse industry and laws that relate to the industry, an equine lawyer draft, review, and negotiate contracts in a variety of situations used by both professionals and non-professionals in the horse industry… a few examples are listed above.

An equine attorney can help save you money due to their knowledge of the rules governing the sport and industry. They are also up-to-date on laws and how they work, which is beneficial for someone who’s not well versed in the laws in the equine industry. Hiring an attorney who is unfamiliar with the industry would have to spend additional time learning how the industry works and may overlook important factors when it comes to drafting a release or contract, or settling your case.

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Proper Liability Releases in the Equine Industry

Feb 25

Posted by catanese in Equine

Releases of liability are also known as waivers and are usually the most important, yet misunderstood documents in the equine industry. Most states, including California, enforce liability releases and it’s important that the release is properly worded and signed, in case it ever must hold up in court.

Below are a few problems that are most commonly founded with liability releases in the horse industry:

Accept No Excuses
Anyone who is riding or handling horses on your property must fill out and sign a release form – the form is worthless if it’s unsigned. To stay on the safe side, have anyone who comes onto the property sign the waiver to ensure that you’re protected and if someone decides to ride or groom a horse last minute. Even if someone claims they are just “hopping on for a minute,” it’s important that they still sign the release – anything could happen even in such a short time span.

Remember Who Can Sign Hem
If someone is 18 or older, they can obviously sign for themselves and it’s legally binding. However, in the case of a minor, a parent or legal guardian must sign the release form. Keep in mind that if someone brings their underage friend to the barn, this is not their legal guardian and therefore their signature may not hold up in court.

Lock Away Important Contracts
While you may trust your boarders and employees, it’s important to safeguard important legal documents for your legal protection.

Be Sure to Fill in the Blanks
Oftentimes, people find releases online or in books with blanks where you fill in your barn name. For example, “In exchange for the privilege of riding horses at XYZ Farm, I agree to release and hold harmless __________________.” If you were to forget to fill in the blank, the waiver would not hold up in court. Instead, contact a lawyer experienced in equine law to help you write your liability release to ensure that your release can be held reliable.

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The Importance of an Equine Pre-Purchase Exam

Dec 17

Posted by catanese in Uncategorized

It’s incredibly important to have a pre-purchase exam performed when buying a horse, regardless of your familiarity with the horse or seller. A pre-purchase exam will provide you with a complete understanding of the health of the horse before you put money into the animal. Unfortunately, it’s not uncommon for horses to be drugged or for other frauds to be committed within the horse industry. Choose a vet that does not have a relationship with the seller and be wary of a seller who discourages you from having a pre-purchase exam or using a veterinarian of your choice. Below are more tips for a pre-purchase exam and can help prevent litigation in the long run.

  • If you are buying a horse out of area, try to avoid asking the seller for a recommendation, as the veterinarian may have a biased opinion if they have a business relationship. Instead, ask for a list of veterinarians and choose one from the list.
  • If you’re selling a horse, you should not allow a buyer to take a horse off your property for a pre-purchase exam. Instead, the seller should be the one to bring the vet to the exam if the vet will not make a barn call.
  • Pre-purchase exams should always be done prior to the purchase. The exam should be done before the byer takes possession of the horse, the buyer pays for the horse, and before the buyer receives a bill of sale from the seller.
  • Sellers should encourage buyers to get a complete pre-purchase exam and to inspect horses before the purchase or delivery of the horse, as it protects both parties: buyer and seller.
  • If the horse has had a pre-purchase exam prior to the seller’s purchase, the buyer should ask for a copy of the result from the exam.

If you’re unsure of the specific aspects regarding equine law and pre-purchase exam, contact an equine lawyer to ensure that you are aware of all of the horse’s health problems, if any.

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Horse Trailering Liability

Nov 13

Posted by catanese in Uncategorized

Oftentimes, horse owners who don’t own trailers will allow a friend or will pay someone to trailer to a show, trail ride, or another activity off the farm. Whether it’s a friend, family member, or professional horse transporter, few equestrians stop to consider who would be responsible if an accident were to occur while trailering resulting in the horse’s injury or death. When an accident occurs, it is rare that the driver’s insurance policy will adequately cover your loss or indemnify you if your horse is injured or killed, causes harm to another person, or causes harm to property due to the accident. Auto insurance typically does not cover a horse trailer without an additional rider to the policy and also typically excludes coverage for anything inside the trailer, including the horse(s).

If your horse in inadequately insured, your only option in the event of your horse’s death or injury due to a trailering accident is to sue the party who is responsible for the damages. If your horse is valuable, you may want to look into insuring him or her for major medical/mortality insurance, as well as risk of loss to ensure their damages are adequately covered. However, according to equine law, if the horse was negligently or improperly loaded and results in damage to a person or property, the horse owner may be found liable. If this were to happen, a horse owner’s liability policy would provide adequate protection in the event of a lawsuit.

The best way to avoid costly litigation and enjoy the benefits of someone else trailering your horse is to ensure that you, as the owner, have adequately insured both yourself and the horse.

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Taking Action Against Farrier Malpractice

Oct 24

Posted by catanese in Equine

In general, the law imposes a duty on professionals, including farriers, to use the same reasonable skill, diligence, and attention that are expected of another careful and skillful person in the same profession. If you believe a farrier has fallen short of this general standard, you may have the right to bring legal action against him or her for professional negligence or malpractice. In order to do this, you must take the necessary steps to contact a lawyer experienced in equine law in order to prove your case. In order bring a claim against a farrier, you must prove specifically how they made an error.
• You must prove that the farrier had a legally recognize duty to handle a professional matter in a certain way.
• You must prove that the farrier did not do their duty and usually requires a witness testimony, meaning another farrier needs to explain exactly what the other farrier did wrong by testifying in court. In some cases, a qualified veterinarian must explain how the problem has affected your horse now and what problems may occur in the future as a result of the farrier’s malpractice.
• You must prove that it was your farrier’s wrongful actions that caused your horse’s injury or death, and that no other reason could have been the cause.
• You must prove that you have lost a large sum of money due to the malpractice. You may have to hire an equine appraiser to testify regarding your losses.
There are various damages to be awarded if your case is proven to be accurate, including market value in the event of death, money to make up for decreased value, lost profits (races, shows, and stud fees), reimbursement of expenses, and more. A farrier malpractice cases can become long, difficult, and complicated process if you choose not to hire an experienced equine law lawyer. Catanese & Wells has been serving the needs of the equine industry since 1984 in all equine industries and breeds.

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Should You Take Boarders In For Extra Income? Legal Aspects to Consider

Sep 10

Posted by admin in Equine

With an estimated 2-3 million privately owned horses in the United States, most of them require boarding facilities. Taking in boarders can help recoup the cost of owning a horse, plus it gives you the opportunity to make revenue from it. However, taking on boarders to your property is a serious decision and should be decided based upon various determining factors. Besides taking on a 24 hour job, factors such as finance, responsibilities, management, and your facility should be considered. Perhaps the most important aspect to pay attention to when taking in boarders is equine law.
Once you open up your property to boarding, you’re in the business of serious risk management. While many states now have equine liability laws that limit the liability of equine professionals, it’s still important to protect yourself.
• Post a sign
It’s a requirement in most states to post a sign on your property stating the assumed risks that come along with equine activities. By not posting a sign, you could be your rights for protection.
• Draw up a boarding contract
Draw up a contract that states all the details of your care and facilities. This will help limit your liability in case of an accident or injury on your property.
• Get adequate insurance
You need insurance to protect you in an accident or injury case since boarding is considered a commercial activity. Find an insurance carrier that offers equine liability protection.
• Do everything possible to ensure safety
Insist kids wear helmets, keep pastures clear of debris, and fix stalls and barn equipment as soon as possible.

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Failure to Diagnose During Your Horse’s Pre-Purchase Exam

Aug 8

Posted by admin in Equine

A pre-purchase exam is the first step most people face when jumping into the world of horse ownership and they hope it to be the last exam that they will ever have to face with their horse, aside from seasonal veterinary vaccines and yearly Coggins. A pre-purchase exam is meant to detect lameness and any other physical health problems that may linger unbeknown to the owner, and in few cases, are deceitfully hidden by the seller. While many people will say that their horse either passed or failed a pre-purchase exam, this is not the case. A pre-purchase exam is meant to identify the horse’s current health conditions and at the end of the exam, the potential buyer must determine whether or not they can live with the problems found and may compromise the value of the horse. If the buyer decides he or she can live with the problems, they buy the horse. The equine veterinarian will often provide a letter describing the results of his exam after it is completed.

So your trusted veterinarian missed a major issue during your horses’ pre-purchase exam… now what? Unfortunately this is not extremely uncommon in the equine world and many people must face the consequences of not only buying a horse that cannot perform their duty, but also end up over-paying for a horse that is not nearly worth its true value due to a health problem that existed before the horse was purchased.

The silver lining to this misfortune is that there are attorneys who specialize in equine law and experts in the field. Catanese & Wells is an equine law firm that has specialized in the industry since 1984. We represent every discipline and breed of horse in equine law and are committed to helping you acquire the tools to obtain justice if your veterinarian overlooked a major pre-existing issue regarding your horse’s health during the pre-purchase examination.

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Equine Lawyer Guidance: California’s Agister’s Lien Law

May 29

Posted by admin in Equine

A Solution to Collect from Unpaid Boarders

 

It’s an all too common scenario:  Your boarder is behind – way behind – on boarding fees.  By law you are required to care for and continue to board the horse or face possible endangerment or negligence claims.  The cost is now coming out of your own pocket.  What can you do?  One option is to place an Agister’s lien against the horse and sell it to recoup the costs you have been put out.

 

California Law Firm Can Help Boarders Understand Their Rights and the Automatic Lien Law

 

California Civil Code Section 3080 gives people or businesses who board horses – whether a vet, farrier or traditional boarding barn – an automatic lien on their customers’ horses to satisfy debts incurred for services to those horses.  The lien means as a border, you can refuse to return a horse to its owner until all fees are paid in full.  What’s important to note is while the lien is automatic – no initial paperwork needs to be filed to hold onto the horse – your ability to sell that horse is not automatic.

 

Equine Law Attorney Explains Basic Steps to Sell a Horse According to California Civil Code 3080

 

Like many laws, it is advisable to consult an equine lawyer when following the agister’s lien law, which consists of a number of steps.  It may be prudent to start by filing suit against the debtor for the outstanding fees.  Again, check with your equine law attorney on this initial measure.  Following this, you will need to receive permission from the court to sell the horse.  Part of this process will be for the horse owner to be officially served paperwork notifying him of your intent.

 

According to Equine Law Attorney Sale of Horse will Need to Follow Conditions

 

After the court holds a final hearing it will issue an order where the sale will be permitted as long as it is done with specific conditions met.  Many of those specific conditions will include paperwork which can be prepared by an equine lawyer to prove that the lien applies to the debt, that the lien is valid and that the sale is necessary to prevent the horse from declining in value.

 

California Law Firm Equine Law Attorney Final Pointers on Agister’s Lien Law

 

A couple of important things to note throughout the process of following the Agister’s Lien Law:

  • The sale will need to be conducted as a “public sale.”
  • Possession of the horse throughout the process is key and necessary.
  • The horse owner may negotiate a settlement up until XXXX

 

For more information about horse sale contracts or equine law issues, please contact T. Randolph Catanese, Esq. at the California Law Firm of Catanese & Wells at (818) 707-0407.

 

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