Equine Law & Business Letter Archives

Arabian Horse Breeders Fail To Prove Profit Motive

The United States Tax Court recently sustained the IRS’s disallowance of loss deductions a Louisiana couple claimed were attributable to their Arabian horse activities. The IRS had audited the couple for the years 2004-2009 and determined that they were not engaged in their Arabian horse activity with the requisite profit motive to be entitled to…

Trainer Prevails In Owner’s Lawsuit Over Failure To Claim Racehorse

A racing enthusiast sued his trainer for failing to claim a racehorse he wanted. The case went to trial in a Maryland state court with the trainer emerging victorious on all counts. The trial court’s ruling was affirmed on appeal. According to the appellate court’s decision,

Horse Trailer and Camper Not “Motor Vehicles” For Purposes of UIM Coverage

A South Carolina appellate court affirmed a trial court’s resolution of an insurance coverage dispute in favor of an insurance company that declined to offer underinsured motorist (UIM) coverage on an insured’s camper and horse trailer. The trial court had granted the insurance company

Montana Amends Its Equine Activity Liability Act To Require Specific Language In Liability Waivers

Montana recently enacted revisions to its equine activity liability act, providing for waivers of liability for participants in equine activities, and requiring waivers to include very specific language in order to be enforceable.

Horse Association Membership Application Is “All or Nothing” Proposition

Two Massachusetts-based harness-racing trainers sued the Harness Horsemen’s Association of New England, Inc. (“HHANE”), after their membership applications were rejected because they had crossed out language on the application form. The trainers had been members of HHANE for many years and previously served on its board. Over time, the trainers became dissatisfied with the organization…

Court Dismisses Carriage Drivers’ Lawsuit Against Animal Rights Groups

Controversy around the carriage horse industry in Charleston, South Carolina became heated when animal rights advocates used social media to disseminate video of carriage horses falling to the ground during a carriage tour in 2017. In response, Charleston Carriage Works, LLC filed suit against the Charleston Animal Society and Charleston Carriage Horse Advocates (and its…

New York Court Reverses 2006 Ruling, Changing Law On Owner Liability For Harm Caused By Domestic Animals

A recent ruling from the Court of Appeals of New York has dramatically changed the New York law of negligence liability for harm caused by domestic animals. A 2006 case in New York held that there can be no common-law negligence liability when a domestic animal causes harm. That case significantly changed the landscape of…

What Must Be Asked (And When) To Determine Equine Activity Participant’s “Ability”?

A Wisconsin court has ruled that a horse owner is entitled to statutory immunity for injuries sustained by her friend who fell while mounting her horse. Dismissal of the friend’s personal injury claim was affirmed on appeal.

Court Enters $1.6 Million Judgment Against Trainer Who Lied About Cancer Diagnosis

The legal troubles of jumper rider Eric Lamaze have been pending in the Florida court system for the past few years, with the rider/trainer defending multiple lawsuits arising from his horse business dealings with various individuals and limited liability companies.

Florida Jury Awards Damages To Buyer Of “Bucking” Horse

What should have been a horsey-girl’s dream turned into a nightmare when the first horse her father purchased for her turned out to be a dangerous, bucking bronc. Her father sued the seller for misrepresentation, fraud, and violations of Florida’s Deceptive and Unfair Trade Practices Act.

Workers’ Compensation Act Provides Exclusive Remedy To Barn Manager Bitten By Employer’s Dog

The Virginia Court of Appeals has ruled that a barn manager who was bitten by her employer’s border collie is limited to […]