Equine Law

You reputation within the equine community is priceless. In the past, your reputation and a handshake were all you needed to move easily within the business and personal relationships involved in owning a horse or running a stable.

Things have changed. Communities are larger and more transitory. Established stables are frequently sold to developers to make way for more sprawl and new subdivisions. Litigation fears and liability costs have skyrocketed. Most state legislatures have recently updated the laws regarding horse ownership and stable operation.

All of these changes have affected how horse owners go about their business. In the past, to insist on a contract for leasing or studding a horse could have been seen as being difficult or petty and damaged your reputation. Now such a contract actually protects your reputation and your relationships. In the past you could rely on a long history of community knowledge about how a person conducted their horses and their business. Now, that sort of personal history within the local area just is not available. A contract defining the terms and understanding between both parties eliminates any confusion about how you intend to do business together. It also eliminates any confusion about how issues are to be resolved in the event that a disagreement does occur.

Imagine you enter an arrangement with a new stable or new owner for leasing your brood mare. A friend of a friend referred them to you, as they are somewhat new to the area. They seem like good people, friendly and forthright, good with their horses. You proceed forward, happy to have made a new contact. Then in the course of the lease, the mare colics, as typical, at 4:00am. By the time they contact you it seems medical attention is required immediately.

Now you have an urgent problem. Who decides when the situation warrants medical intervention? Who is responsible for the expense? Whose vet do you use? Did the care of the leasers cause the colic? Who decides how far to pursue the medical intervention? What if the mare dies? Who is liable for the lost value and attendant disposal expenses? What if the mare was already with foal?

As you can see, the unanticipated issues in this situation could cause a new business relationship to sour rather quickly. Once the immediate situation is resolved, there is more trouble. The story of the nightmare gets out into the community and it becomes, “He said” “She said” and reputations are at stake.

All of the issues involved here could have easily and inexpensively been resolved with a simple contract stating the terms, expectations and responsibilities of both parties. In a case like this, a contact is the best option for protecting the investments you make, the reputation you worked hard to achieve, and the horses you love.

So what happens if you did not work out a contract? When you are already in the middle of a difficult conflict, how can you salvage your investment, your reputation and your relationship with the other party? Mediation with a knowledgeable and neutral third party is an effective solution in these circumstances. Mediation allows both parties to work together and resolve the conflict in a way that benefits both. It allows you to solve your own dispute in creative ways. It can prevent the dispute from escalating to an expensive and time consuming legal battle. It allows both parties to preserve their working relationship, perhaps even making it stronger, rather than having it destroyed by animosity.

Mediation for conflicts within the horsing community is rapidly becoming more common. The focus on win-win and do-it-yourself solutions, appeals to the fairness, independence and sense of community so common in those of us who love horses.