Let me begin by saying that, yes, equine law is an actual area of law. With more than 6 million horses in the United States, according to data published by the American Horse Council in 2023, it only makes sense. Many states, such as Florida, Kentucky, and Georgia, have either sections or committees of their bar associations devoted to equine law. Kentucky even puts on a national Equine Law Symposium in May every year. The American Bar Association has a book on equine law, authored by Julie I. Fershtman, that is an invaluable resource for anyone seeking a more in-depth look into this area of law.
I’ll be frank: This area of law can be difficult to succeed in if you have no prior horse experience. The horse world is a world of its own, with terminology that might seem like a foreign language to someone not immersed in it or with at least a rudimentary knowledge of some basic horse terms. Words such as hackamore, pelham, oxer, pommel, bridle, mare, and foal might mean nothing to a layperson, but to a horse person, these are clearly defined terms that are as normal as the words you would use to describe what you ate for breakfast this morning. This article aims to break down some of the more common concerns when dealing with a client who may have an equine law issue.
Everyone knows that horses are not exactly a cheap hobby. Even a free horse is never free: vet care, general upkeep, grain, and hay all come at a price. On the other end of the spectrum, there are multi-million-dollar horses out there: think Kentucky Derby racehorses. Regardless of the price of the horse, it comes as a shock to most attorneys that many of these deals are brokered on a handshake. Most of us would never think of buying a car or a house without a contract and some kind of warranty regarding future issues; it seems incongruous that someone would spend a comparable amount of money for a horse and not, at the very least, have some sort of written agreement, but it happens all the time.
A horse can be purchased for more than $100,000 with nothing ever signed. Farm owners will agree to board someone else’s horse or horses and care for them, feed them, and essentially be responsible for their well-being, and nothing will ever be signed. When you ask the farm owner for documentation of such a transaction, they may say, if you’re lucky, that they’ve got a text or a Facebook message from the horse owner—doesn’t that count as a contract? Again, this is common in the horse world. Expensive sales, deals, and even everyday occurrences, such as boarding, occur regularly with nothing signed and nothing in writing.
Sometimes, horses are leased to someone else; just like a car lease, ownership remains with the owner, but the person in possession of the vehicle, or in this case, horse, is responsible for everyday upkeep and care. I have seen makeshift contracts handwritten on yellow legal pads in the middle of a barn aisle as the horse is being led onto a trailer to go to the new lessee. You may be laughing at the image, but it is more of an effort than many in the horse world take.
As attorneys, our advice is always to get it in writing. It is particularly imperative to offer this advice to clients doing any sort of equine transaction or business simply because getting it in writing is not common practice in the horse world. Just as in real estate, car sales, etc., there are plenty of people in this field willing to lie to make a sale or a deal, and you would think that after being burned enough times, horse people would want everything in writing. Yet, speaking from personal experience, I can assure you this is not the case, and day in and day out, you will need to remind your client that, yes, they really do need to get it in writing and that, no, a handshake is not sufficient.
As sales prices for horses have increased over the years, states have finally caught on that perhaps there should be some sort of regulation and rules regarding such sales. Many states now have laws regarding what must be included in a bill of sale. However, for every $100,000-plus or multi-million-dollar horse sale, thousands more take place between backyard horse owners for just a couple thousand dollars. These sales have no paperwork or contract involved, and certainly, most are not in compliance with any state regulations regarding a bill of sale. This typically only becomes an issue if the horse is misrepresented, but it is something to consider if you have a client who is looking to sell their horse. I’ll say it again: Get it in writing!
Much of the litigation regarding equine law revolves around horse sales and horses being misrepresented by the seller. For example, a horse is sold to a family to be ridden by their young child, and the seller tells them how safe and trustworthy the horse is and that it would be a perfect fit for both the prospective rider and the horse. However, the seller of the horse purposefully neglects to mention that the horse has a tendency to buck off its rider when it gets upset. This is clearly not a child-safe horse, yet the seller was perfectly aware of the purpose for which the horse was being purchased. Something like this can easily turn into a lawsuit if it can be proven that the seller knew of the horse’s propensity for that bad behavior, as well as the fact that the seller knew the horse was being purchased for a specific reason and for a specific rider.
A bill of sale can help in litigation such as this, in addition to ensuring that your clients are in compliance with state laws and regulations.
One of the largest issues surrounding equine law is liability. It is important to remember that horses are inherently dangerous animals. It doesn’t matter how safe someone says their horse is. A horse can be the sweetest, oldest, most docile creature you’ve ever met, and yet it can still hurt you or someone else easily. Part of this is just due to its sheer size. Your dog can get scared, run into you, and step on your foot, and you’ll likely be fine. However, when a horse gets scared and does the same exact thing, stepping on your foot, the chances are exponentially higher that you will have broken a bone in your foot.
All attorneys with a client who has horses should be aware of their jurisdiction’s Equine Activity Liability Act (EALA). EALAs limit the liability for horse owners and other equine professionals arising from injuries or even deaths occurring from horse activities. Again, horses are intrinsically dangerous, and EALAs serve to address these inherent risks from any activities involving horses; they are not just limited to activities such as riding. Horses can be just as dangerous when you’re handling them on the ground as when you’re on their back. This is something that many non-horse people don’t understand. Riding is actually only a small part of equestrianism. Care, maintenance, feeding, and veterinary care make up a much larger portion of the time spent with horses, and it is exceptionally easy for someone to get injured without ever even sitting on a horse.
As of 2024, 48 of the 50 states have EALAs in place—California and Maryland do not. While EALAs vary from state to state, the general premise is the same: Activities surrounding horses involve an inherent risk, and you assume this risk when you choose to be involved or around them; assuming this risk shifts the burden to the participant instead of the equine owner or professional. Many states require the appropriate statutory language of the EALAs to be prominently displayed on a sign at the entrance to a horse farm or property.
When dealing with a client with an equine business, you must also ensure that they have adequate insurance for their activities. There are varying levels and types of insurance depending on which equine activities are being conducted on the farm.
For example, a farm that offers riding lessons and training will require a commercial equine liability insurance plan, as the possibility that someone may fall and get injured makes riding a high-risk activity. In comparison, if your client is running a boarding barn for retired horses, their insurance needs will likely be lower as the activity central to their business, caring for older or injured horses, involves less risk. They likely need only add a “care, custody, and control” policy to an already existing homeowner’s plan. They may specifically state that they do not allow riding on their premises. This care, custody, and control policy is imperative for anyone who is taking care of horses that they do not personally own. It can cover the theft, death, or injury of a horse under a farm owner’s control.
It may come as a further surprise to most non-horse people that there is not always a clear chain of ownership of a horse. Whereas a car must be registered with the state and have a title that is passed along with every sale, the same is not always the case with horses. A horse has “papers” if it is registered with a specific breed organization, such as the Jockey Club for Thoroughbreds, the American Quarter Horse Association, or the American Paint Horse Association. These registration papers list the breeder of the horse, the horse’s lineage and pedigree, the horse’s birthdate, and the current owner. To transfer ownership of a registered horse, each breed association has a specific ownership transfer form that must be completed on the sale of the horse.
However, even if the horse has registration papers, these signed transfers do not always travel with the horse for a variety of reasons. Owners die, the transfer is lost, or the horse may be sold to an owner who never completes the transfer, leaving a future owner unable to do so.
Then, of course, there are the horses with no registration papers at all; they’re considered grade—in dog terms, a mixed breed or mutt. Of course, someone, somewhere down the line knew who their parents were or when they were born, but this information, more often than not, does not travel with the horse. Horses are also a common commodity sold at auction. Much of the time, there is no information for a horse sold at auction, save for the information that someone can get simply by looking at them: their gender, color, and a rough estimate of their age and/or breed.
All these things can make determining ownership of a horse difficult. There are common documents that travel with horses, such as a Coggins test (a blood test for equine infectious anemia) or a recent health certificate listing an owner, but often these documents are inaccurate for a variety of reasons. The owner listed may simply be the person who is caring for the horse or the person consigning the horse at a sale. This is another reason why a bill of sale is important for your clients; at the same time, you need to understand the many reasons why determining ownership can be problematic.
The first thing many people think of regarding horses is horse racing—the Kentucky Derby and the other Triple Crown races. Increasingly, however, people think first of equine welfare. Horse racing faces increasing scrutiny in light of the numerous deaths that occur on racetracks across the country. The horse world is still determining the best way to deal with issues such as these, but from a legal standpoint, these issues can manifest in a variety of ways: doping and drugging scandals, improper training methods, trainer suspensions, premature deaths of young horses, and insurance payouts on horses that have been euthanized. Litigation can arise out of any of these, and these are issues that are not limited solely to racing. They can occur in any of the other riding disciplines or breeding facilities.
Equine welfare concerns also extend to such issues as horse slaughter and export for human consumption. In 2007, the last horse slaughterhouse for human consumption in the United States was closed; since then, horses, donkeys, and mules have been exported on a continuous basis to countries such as Canada, Mexico, and Japan to be slaughtered for human consumption. There have been numerous legislative efforts to prohibit the export of horses for slaughter, but none have been successful. The Save America’s Forgotten Equines Act (SAFE Act) would place a federal ban on horse slaughter in the country and ban the export of horses from the United States to countries abroad, but it has yet to pass, despite bipartisan support.
To address the elephant in the room, yes, all of us horse lovers know the risks that horses pose, and yes, we still love horses and will continue to have them and adore them until we are physically incapable of doing so. There are too many liability issues to even count, and unless you are actively involved in the horse world yourself, these may be things you’d never dream of, even as a seasoned attorney. For those reasons, it can be very hard to effectively represent a client in an equine law matter without additional expertise. But there are resources out there—whether they’re books, CLEs, or other practitioners with more knowledge in the field—that can help you at least hold your own in a conversation about horses and their numerous legal issues.
