Proving again that the truth is stranger than fiction...
I’ll be picking out a specific case out of the hundreds
I’ve worked on in the past years and give you a brief
rendition of the facts and outcome. And, I may cover pertinent equine related topics.
Taking advantage of situations that have occurred to others may lead
you to say things to yourself like, “Boy I’m glad
that didn’t happen to me!” Anyway, for sheer entertainment
value, you’ll like them.
After reading the Blog, please
feel free to call or e-mail with any questions or comments. Although I will not be taking comments on this blog, your feedback is welcomed. Archived Blogs available at this link.
NAES BLOG - August 2018
As you may know, although I do not specifically practice law, I am asked to review many horse related legal contracts every year. Obviously, I always counsel potential clients to also have your attorney review such documents again.
This is so important to have as many experts and lawyers review any horse related contracts. Even if you are very sure you’ve included all the important contractual points, it’s always so important to have additional wise eyes look at what could bind you for many months or years.
In law schools one of the first courses taught is contract law. Legal contracts are the items which hold our country together and the fact that basic contract law is taught the first year of law school, indicates just how important contracts are.
So obviously, a word to the wise (you) should be enough to convince you of making sure that contracts must be a very important part of your horse-related business.
Contracts are important not just for horse sales and leases but in purchasing items specifically for your horse business as well. Now obviously you and your staff must do a “what if” session where you all think of anything at all relating to your business. Because liability issues are always at the forefront, you must think of ways where a legal action could be taken against you and your business. So it’s not just lessons you and your staff teach but exactly where you are perhaps a bit weak in mandating that “Safety is Job One.”
You’ll need to remember that signs are also very important and go a long way in emphasizing your interest in protecting all those who are on your property, especially if you instruct many people of all ages. Then you must always insist that protective helmets be worn that comply with ASTM-F11-63. And that does not mean you have to supply the proper ones.
One of your signs must say “HELMETS MUST ALWAYS BE WORN WHEN ON ANY HORSE – NO EXCEPTIONS.” Folks who come to ride at your place have to supply their own properly fitted and ASTM compliant headgear. I realize that seems very arbitrary, but ALL your riders must comply because you’re looking out for their protection.
Always make sure your company or personal attorney reviews all contracts youbefore you even think of signing. And just because your attorney may not be a horse whiz, he or she sure knows more about the laws in your state than you. Now is not the time to be a cheapskate, because your attorney’s time is well worth your protection and peace of mind since any deficiencies in the proposed contract must be pointed out prior to you picking up a signature pen.
Good luck, my friends. We live in a very litigious world.
Archived Blogs - at this link
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NAES is the leader in multiple breed equine appraisals. We can give you the most accurate and professional qualified appraisal in the industry. more...
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| David D. Johnson operates North American Equine Services,
LLC as its President and CEO. The company, based in Phoenix,
Arizona specializes in litigation consulting, related activities
and horse appraisals for the legal and insurance communities
and has been doing so for the past 30 years throughout North
America. more... |
| As the premier financial appraisers and evaluators of the equestrian sport in the United States and North America and because we operate in the public spotlight, we are expected to conduct our affairs in a manner consistent with the great trust that has been placed in us. more... |
As a licensed official with the United States Equestrian Federation (USEF), Mr. Johnson fully supports and promotes the organization’s efforts with the safety and welfare of horses and riders. The USEF has instituted a Safe Sport Policy available at this link.
Questions and answers regarding the USEF Policy are available as FAQ’s at this link. NAES has had similar policies in place since its inception.
NAES clients expect absolute confidentiality in their dealings with our firm. more... |
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Horse of the Month for
August, 2018
...“Dusenberg” The very successful 11 year old Trakehner show horse belongs to Ms. Liz Benton of Boulder, Colorado....
more...
Past horses of the month |
August 2018
Insurance is always a consideration and now may be the right time to think, plan and prepare for the items in your business that must be protected by appropriate levels of insurance.
Planning where and when the money will be spent is critical. |
| Current & Past Tips |
NAES, while not giving legal advise of any kind, provides a full range of services to horse owners, and the legal and insurance communities. Check our Legal Services page for more.
- FREE phone discussion for however long it takes to discuss anything horse-related.
- NAES can then guide you in the areas of standards & practices, accident investigation and anything involving horse activities.
- We also provide expert witness testimony for settlement conferences, arbitrations, mediations and at trial. |
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