Recent Articles

Are Limitations Periods in Mortality or Major Medical Policies Enforcable?

Alison Rowe
October 21, 2008 16:00

Equine mortality and major medical insurance policies often contain a provision stipulating that any action or proceeding under the policy must be brought within a certain period of time, typically one year.  Absent a contractual provision to the contrary, the statute of limitations applicable...

Does a Bank's Prior-Filed Security Interest Have Priority Over a Stableman's Lien?

Alison Rowe
October 14, 2008 16:00

No.  In states that have adopted the Uniform Commercial Code (UCC), courts will probably hold that the possessory stableman's lien is superior, even if the bank's UCC Financing Statement was filed before the stableman took possession. When Does the Conflicting Lien Situation...

Do Horse Trainers Have a Lien on Horses they Train for Unpaid Training Fees?

Alison Rowe
October 07, 2008 20:15

In most states, trainers do not have a statutory lien for unpaid training fees and other training-related expenses such as show entry fees and hauling.  This means, unless a trainer has a written security agreement signed by the owner providing a lien on the horses in the event...

Is a Horseowner Liable for Damages if a Horse Gets Loose?

Alison Rowe
May 21, 2008 16:00

A gentleman recently told me that his stallion had gotten loose, gone onto his neighbor's unfenced property, and "worried" the neighbor's mares.  The neighbor shot at the stallion with a shotgun, and stated that the police told him he was justified in doing so because the...

The Statute of Limitations in Veterinary Malpractice Actions

Alison Rowe
May 13, 2008 16:00

Veterinarians may have several legal defenses to claims of malpractice. One of the most important procedural defenses is that of the statute of limitations. A statute of limitations is a state law that puts a limit on the amount of time a plaintiff has to file a lawsuit, usually from the time the...

Potential Law Suit Over Eight Belles?

Alison Rowe
May 07, 2008 20:36

Several people have asked me if I thought there would be  litigation over the death of Eight Belles after her second place finish at the 2008 Kentucky Derby on May 3.  Although animal rights activists staged a protest at the office of the Kentucky Horse Racing Authority after the filly's...

Does a Veterinarian Have to Treat Your Horse in an Emergency?

Alison Rowe
May 06, 2008 16:00

Someone recently asked me if he had a case against an equine surgery clinic that told his local vet during a telephone conversation to not send them the mare because they did not have room for her at the clinic.  The mare died 4 hours later of colic complications, and the owner stated that she...

What if Potential Buyer Does Not Return Horse After Trial Period?

Alison Rowe
April 29, 2008 16:00

An attorney called me last week to ask what her client, a trainer, should do about a prospective buyer who had picked up a horse from the trainer to "try out" but failed to bring the horse back after the trial period.  The trainer had been hired by the horse's owner to find a buyer...

Should the Carriage Ride Industry in New York City be Banned?

Alison Rowe
April 22, 2008 16:47

My brother-in-law, Adam Rowe, recently asked me what I thought about the ASPCA's and other activist groups' recent attempts to pass legislation that would ban horse-drawn carriage rides in New York City.  The activists claim that the industry as whole should be banned because the horses...

Equine Business Plans

Alison Rowe
April 03, 2008 18:55

Every horse business should have a written business plan.  There are a couple of reasons for this.  First, if your business is a start-up, the business plan will help you reduce financial risk by realistically assessing anticipated income and expenses before the business is...