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Call it a coincidence, but I came across an
article last week that so speaks to why we are hosting an
Equine Law seminar for horse professionals, that as much as
I hate any negative press about the horse industry - I feel
compelled to mention it.
It
appears a Texas trainer is being sued by two of her clients.
The
article states that the clients "allege that they had
disagreements over training methods, as well as which
trainer was riding the horses in preparation for shows."
However, the lawsuit itself seems to revolve around payment.
"They maintain that [the trainer] would not release the
animals until full final payments were made. Consequently,
the suit requests the return of the horses and personal
property to [the clients] unspecified monetary damages and a
jury trial."
It
appears that there were no written agreements in place, only
an oral agreement that "the center would provide proper care
for the horses in exchange for monthly payments. In
addition, either party could terminate the relationship upon
a 30-day notice to the other." So, when the trainer
attempted to hold the horses until the bills were paid - all
hell broke loose!
First of
all, I can't believe this actually made print. Secondly,
a jury trial? Holy cow! That seems pretty excessive (and
expensive) However, when it comes to people and their
horses, emotions can run pretty high. It appears in this
case that emotions may have trampled any voice of reason -
reasonable people don't typically spend thousands of dollars
on a jury trial over a bill dispute. Unfortunately, these
costs aren't solely born by the clients who initiated the
lawsuit. At a bare minimum the trainer will have to pay for
her own legal defense - and who knows what else should the
plaintiffs prevail.
Clearly,
there is more going on here than meets the eye. At the same
time, I can't help but notice that there was no written
agreement. Had the trainer had an agreement in place and
known what actions she could legally take (or not take) this
lawsuit (and the negative publicity that it has created)
could very well have been avoided.
Not
"knowing" the law has never been a successful defense
strategy in the courtroom. As a horse business owner, you
can't afford to be uninformed about equine laws. Not only
can misunderstandings lead to legal trouble, they can wreak
havoc in your relationships with your customers and damage
your reputation.
Enough said? If you are in
the horse business, please don't miss Equestrian
Professional's next seminar
Equine Liability Laws and Exposures -
What Every Equine Business Owner Needs to Know.
It takes place Nov 15th at 5:00 pm Pacific time.
You can attend via your phone or computer. The seminar is
free to all horse professionals but you must register to
attend.
Elisabeth
McMillan is an equine business consultant, public speaker
and the owner/editor of
EquestrianProfessional.com,
a website that provides business education and career
support to horse professionals. For more information
please visit
www.EquestrianProfessional.com
or you may email her at
lizzy@equestrianprofessional.com.
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