A Picture is Worth a Thousand… Dollars?

Understanding the Legal Right of Publicity

With an ear-to-ear grin as you proudly sit astride your gleaming horse, you grasp a big blue ribbon. This photograph graces the walls of your home and can be seen in the homes of your relatives and friends. But what happens if, one day, a major equine goods manufacturer uses that picture on its products and advertisements nationwide — without your permission? Do you have any legal rights?

Possibly, yes. This article generally examines the legal right of publicity. (more…)

Why did You Settle that Case?

A horrible nightmare has come true. During a casual Sunday afternoon trail ride, your friend fell off your horse. Now, several months later, he is suing you. You know you have powerful defenses. The horse he fell from — your elderly and practically “bomb-proof” gelding — barely moves and has never thrown a rider. You distinctly recall hearing your friend say that he lost his balance as he reached to pick an apple while the horse stood grazing. He also told you that he was “100% OK” after he fell. Since the incident, your friend never missed a day of work, has no scars, and his life seems no different than it was before he rode your horse. (more…)

Will Your Corporation Limit Your Personal Liability?

Nine Suggestions for Taking Your Corporation Seriously so that Others Will Too.

Who needs a corporation? Possibly, you. The corporation’s main benefit is that it can serve as a liability shield — that is, individuals running the corporation are typically immunized from personal liability for liabilities arising out of the corporation’s activities. This can be especially desirable if your equine business faces the risk of a lawsuit that could exceed even the highest liability insurance limits. The corporation is also desirable if you seek to protect your personal assets from obligations or debts of the corporation.

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Papers, Papers – Who Has the Papers?

Two months ago you bought the horse you always wanted. Your goal was to win championships in breed-recognized horse shows. Now, however, it appears that a terrible problem has ended your plans: The seller will not transfer the horse’s breed registration papers into your name. Your arsenal of weapons is limited — there is no written sales contract, but you recall the seller promising to send you the horse’s papers “right away” the day you gave him your money (a promise he now denies ever making). What can you do? (more…)

Why Do Liability Releases Sometimes Fail? (Part 1)

“Releases are not worth the paper they’re written on.” We hear statements like this all the time. Is this really true? Generally speaking, no. What is true, however, is that releases of liability (also called “waivers”) are probably the most misunderstood contracts in the entire horse industry. (more…)

Why Do Liability Releases Sometimes Fail? (Part 2)

“Releases are not worth the paper they’re written on.” We hear statements like this all the time. Is this really true? Generally speaking, no. What is true, however, is that releases of liability (also called “waivers”) are probably the most misunderstood contracts in the entire horse industry. Part one of this two-part series explored the three main reasons why releases of liability have been known to fail over the years. This part, which concludes the series, offers some simple suggestions to help those who use releases make them more likely to be enforced. (more…)

Do You Understand Your Equine Insurance? (Part 2)

When it comes to equine-related insurance, misconceptions have plagued the horse industry for years. Most people do not understand what they bought, what they need, whether they have the coverage they think they do, and how to keep their coverage intact. Insurance is an important and expensive purchase. Part One of this series explored some common misconceptions regarding equine-related insurance. Part Two, the conclusion, addresses misconceptions and provides practical suggestions for avoiding misunderstandings and disputes. (more…)

Do You Understand Your Equine Insurance? (Part 1)

When it comes to equine-related insurance, misconceptions have plagued the horse industry for years. Most people do not understand what they bought, what they need, whether they have the coverage they think they do, and how to keep their coverage intact. Insurance is a very important purchase. With so much at stake, can you really afford to relay on misunderstandings? (more…)

Are Your Contracts Fine-Tuned? Part 2

Do you really believe that you have the “perfect” contracts for your equine activities? Do you believe that your contracts adequately account for the unique requirements of your state’s law? This conclusion of the two-part series covers more details to consider for “fine-tuning” contracts used in equine-related activities and transactions. (more…)