I want to take this opportunity to make horse owners and all involved in equine-related businesses aware of a terrific new book available from Julie Fershtman, a leading authority in equine law.
The book examines many legal issues related to equine law. Read More
By Doyice Cotten
Utah law regarding the enforcement of parental waivers has been clearly established since the Hawkins v. Peart Utah Supreme Court decision in 2001. The Court ruled that it was against public policy for a parent to release the prospective negligence claim prior to or after an injury.
By Doyice Cotten
In a recent Colorado equine injury lawsuit (Eburn v. Capitol Peak Outfitters, Inc., 2012 U.S. Dist. LEXIS 106 236), an inexperienced rider was injured when her saddle rotated to the side and caused her to fall from the horse.
We are fortunate to have a new article by the lady who is perhaps the foremost expert in equine law – Julie Fershtman. While the article relates specifically to equine waivers, waiver law is the same regardless of the sport or activity.
Holly C. Rudolph, J.D. has produced a product that can be of great interest to those in sport, recreation, and fitness industries. She has collected all Equine Activity Liability Statutes as well as all Recreational Land Use statutes and put them in one convenient place.
This recent case is intended to complement and supplement the excellent article Landowner Liability Under Equine and Recreational Use Statutes written by Holly Rudolph (also published today on this site). This illustrative case, summarized and abridged by Doyice Cotten, Read More
This article by Doyice Cotten illlustrates that the language used is crucial to the enforcement of indemnification agreements.
Two recent equine cases illustrate the importance of the indemnification language used in liability waivers. In Polechek v.
by Doyice Cotten
It is accepted that a well-written waiver, signed by an adult, is enforceable and will protect a provider from liability for injuries resulting from the negligence of the provider in most states. The same is not true,
By Doyice Cotten
Tami Truax was struggling financially in Henderson, Nevada and was going to lose the property; to avoid the loss, she sold the property to her parents (the Riddles) who leased the property to her sister,
By Doyice Cotten
Brenda Martz-Alvarado was injured when dismounting from a trail ride. She sued the property owner, Tomi Truaz, and the owners of the trailride, Forrest and Georgia Riddle (dba Grand View Horse Tours).
Truaz was running a business at the property operating under the name Grand View Horse Tours.
