Horses and the Law

May 2011 - Posts

Inherently Risky?

Equine Activity Liability Laws are a legislative mandate that riding or other horse activities are dangerous and that participants in the activities assume the risk of being injured—if the injury results from an "inherent risk." Sounds good, but what, exactly, are inherent risks of an equine activity? Some are obvious. Being kicked or being bitten or falling off, for example, are risks that cannot... Read More

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New York, New York

Legislators in Suffolk County are adding teeth to the country’s first animal abuse registry and state lawmakers are trying to ban horse-drawn carriage rides in the city of New York. Suffolk County, located on the eastern end of Long Island, last year became the first municipality in the country to require individuals convicted of animal abuse to add their names to a government database. There are legal... Read More

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A Compromising Situation

The economic recession (or depression, depending on the hit you’ve taken) has been hard on people in the horse industry. Money goes out faster than it comes in, buyers for horses vanish, bills go unpaid, and creditors start lining up at the stable gate. It’s a vicious circle. Add back taxes to the mix and you have the ultimate whammy. Anyone in hot water with the Internal Revenue Service might be tempted... Read More

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Faulty Tack Revisited

If you don’t like the weather in Kentucky, an old saying goes, wait a few minutes and it will change. The same often is true for court decisions. If you think one court got it wrong, there probably will be another decision from a different court that reaches an opposite conclusion. A few months ago, I shared an appellate decision in Maine that expanded the conventional idea of "faulty tack" to include... Read More

Equine Law—And More

How do you kill time in Central Kentucky between the Rolex Three-Day Event on the last weekend in April and the Kentucky Derby on the first Saturday in May? If you’re an equine lawyer, the answer in a no-brainer—you show up in Lexington for the National Conference on Equine Law, presented annually by the University of Kentucky College of Law and Office of Continuing Legal Education. This year’s running... Read More

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Undercover No More

It’s difficult to gauge the effectiveness of clandestine videos and photographs when it comes to curbing abuse of animals at vast factory farms and at slaughter facilities, and as with most questions, the answer depends on who you ask. Animal welfare advocates use the images as proof of what they say are systemic problems; industry supporters claim that the whistle-blowers are picking on an unrepresentatively... Read More

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About This Blog

Equine lawyers don’t sue horses—but what, exactly, do they do? And why does it matter? Horses and the Law brings you an in-depth look at the important legal issues affecting horse owners and exhibitors today, including liability, sales and bloodstock agents, contracts and other business concerns, taxes, the animal rights vs. animal welfare debate, and legislation. If you agree with something, or even if you don’t, feel free to comment. Just keep it tasteful. And remember that Horses and the Law does not—and cannot—address your specific legal problems, and is not a source of legal advice. For that, you should contact your own attorney.