Turning a Good Boarding Contract Into a Great Contract

Could the following scenario happen to you?
You just returned from your dream vacation — a two-week Caribbean cruise. You immediately dropped off your bags at home and rushed straight for the boarding stable to see your horse. But instead of greeting you, she was nowhere to be found. Her stall was empty. The stable owner approached you with terrible news: Your horse had a very severe bout of colic the day you left, and the veterinarian recommended surgery immediately. The stable could not reach you to get your permission. With no way of knowing whether you would consent to the costly surgery, the stable owner told the vet to put down your mare. (more…)

Independent Contractor or Employee: It Pays to Know the Difference

Succeeding in the horse industry nowadays is tough. Expenses are high. Competition is fierce. Labor costs are high. Making a profit, it seems, is harder than ever. Wouldn’t it be attractive to eliminate the high costs that come with keeping employees? Many equine facilities believe they can cut these costs by simply labeling their workers “independent contractors” instead of “employees.” Does this sound easy and legal? Careful, it may be neither. (more…)

The “Nuisance” that Could Permanently Close a Horse Facility

It is a well-known fact that a single 1,000 pound horse will produce about 10 tons of manure each year. Can a nearby landowner bring a lawsuit seeking to close a horse facility or curtail its operations simply due to the smell of manure or some other reason? Yes. In bringing such a lawsuit, the party must prove that the facility was kept or maintained in a manner as to create a nuisance that improperly interfered with the use and enjoyment of his property. Nuisance lawsuits occur rather infrequently. However, the “urban sprawl” over the years has turned riding trails into residential real estate developments. Too many people, it seems, move to these areas specifically for a more rural way of life; yet, they do not like horses or understand how to maintain them. This creates the setting where nuisance lawsuits could potentially crop up. (more…)

Powerful Tools for Fee Collection For Trainers and Stable Owners

As an owner of training and boarding facilities, you face collection problems just like all business people. Unlike standard business debt, which remains fixed and liquidated, you face accruing maintenance costs for feeding and boarding the animal until the dispute is resolved. Your proactive use of the agister’s lien or contractual security interest gives you the leverage needed to compel prompt bill payment when necessary. (more…)

Equine Activity Liability Statutes What Do They Protect?

The 1990’s witnessed a revolution in the laws regarding liability of horsemen for equine-related injuries. As of December, 1997, 40 states have enacted equine activity liability laws. State legislatures created these laws in order to limit the liability of equine professionals and activity sponsors from participant injuries resulting from the “inherent risks” of equine activities. (more…)

“So Sue Me . . .” (Just Hope My Liability Waiver Is Working)

I can’t tell you how many times I’ve heard a stable owner tell me “They won’t sue me. They signed a liability waiver”. This statement reflects a misconception prevalent in the horse industry – that a liability waiver will prevent lawsuits from being filed. Nothing could be further from the truth. In fact, many stable owners are currently using standard form liability waivers drafted in such broad, generic terms as to be virtually unenforceable in the event a lawsuit gets filed. How can this be? (more…)