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Equine and Farm Animal Activity Liability Acts Now in 48 States – What They Are and Litigation Issues

2025-05-15 14:00:00

2025-05-15 14:00:00

2 Credits

Comprehensive analysis of 48 state equine liability laws, covering immunities, exceptions, compliance requirements, and current litigation trends.

2025-05-15 14:00:00

Comprehensive analysis of 48 state equine liability laws, covering immunities, exceptions, compliance requirements, and current litigation trends.

2025-05-15 14:00:00

1000+

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24/7

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Key topics that will be covered

What will you learn

Attorneys will learn how 48 state Equine and Farm Animal Activity Liability Acts work, including their immunities, exceptions, sign posting requirements, and contract language obligations.

What will you gain

Attorneys will gain practical strategies for litigation involving EALAs, including defense approaches, plaintiff strategies, and understanding of nationwide case law trends.

State Immunities
Immunity language varies significantly by state, affecting which defendants qualify for protection.
Statutory Exceptions
Six common exceptions exist, with reasonable and prudent efforts generating the most litigation.
Sign Requirements
Many states mandate specific warning signs with precise language, size, and posting locations.
Contract Language
Several states require specific waiver language as a condition precedent to immunity.
Participant Status
Courts continue grappling with whether carriage passengers, visitors, and spectators qualify as participants.
Farm Animal Expansion
Multiple states have amended equine statutes to cover cattle, goats, llamas, and other animals.

What will you learn

Attorneys will learn how 48 state Equine and Farm Animal Activity Liability Acts work, including their immunities, exceptions, sign posting requirements, and contract language obligations.

What will you gain

Attorneys will gain practical strategies for litigation involving EALAs, including defense approaches, plaintiff strategies, and understanding of nationwide case law trends.

Agenda

Session 1

Overview of 48-State Equine Liability Acts

Session 2

Common Characteristics of State EALA Statutes

Session 3

Understanding Immunities Under Equine Liability Laws

Session 4

Six Key Exceptions to EALA Immunity

Session 5

Exclusions from EALA Statutory Applicability

Session 6

Sign Posting Requirements Across State Jurisdictions

Break

Scheduled Break for Session Attendees

Session 7

Contract Language Requirements by State Law

Session 8

Examining Uncommon State EALA Approaches

Session 9

California and Maryland Without EALA Protection

Session 10

Practical Framework for Applying EALA Analysis

Session 11

Statutory Amendments and Farm Animal Expansion

Session 12

Themes in EALA Litigation Across States

Session 13

Latest Trends in Equine Liability Nationwide

Session 14

National Litigation Issues and Defense Strategies

clock 2:00 pm - 2:10 pm EST

Overview of 48-State Equine Liability Acts

Julie I. Fershtman

Foster Swift Collins & Smith PC

This session introduces the Equine and Farm Animal Activity Liability Acts enacted across 48 states, explaining their general purpose and function. Learn why California and Maryland remain the only states without these statutes and understand the historical context driving their creation.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 2:10 pm - 2:20 pm EST

Common Characteristics of State EALA Statutes

Julie I. Fershtman

Foster Swift Collins & Smith PC

Explore the shared features among state equine liability laws, beginning with Washington’s 1989 pioneering statute. This session covers the Colorado pattern followed by many states and identifies outlier jurisdictions like Connecticut, Arizona, and Virginia with unique approaches.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 2:20 pm - 2:30 pm EST

Understanding Immunities Under Equine Liability Laws

Julie I. Fershtman

Foster Swift Collins & Smith PC

Examine who qualifies for immunity protection under various state statutes, from narrow definitions covering only sponsors and professionals to broader language including any person. Learn how inherent risk definitions form the foundation of statutory protection and how participant status triggers coverage.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 2:30 pm - 2:40 pm EST

Six Key Exceptions to EALA Immunity

Julie I. Fershtman

Foster Swift Collins & Smith PC

This session analyzes the six common exceptions that can defeat statutory immunity, including faulty tack, failure to make reasonable and prudent efforts, and dangerous latent land conditions. Special focus is given to the reasonable and prudent efforts exception as the most frequently litigated nationwide.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 2:40 pm - 2:50 pm EST

Exclusions from EALA Statutory Applicability

Julie I. Fershtman

Foster Swift Collins & Smith PC

Understand which individuals may fall outside statutory protection, including spectators, carriage passengers, and casual visitors. This session examines court decisions addressing participant status disputes and the critical threshold question of whether someone was engaged in an equine activity.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 2:50 pm - 3:00 pm EST

Sign Posting Requirements Across State Jurisdictions

Julie I. Fershtman

Foster Swift Collins & Smith PC

Review the varying sign posting mandates across states, from Pennsylvania’s large three-foot-by-two-foot requirement to states like Ohio with no sign mandate at all. Learn common compliance errors and why generic warning signs do not satisfy statutory requirements.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:00 pm - 3:10 pm EST

Scheduled Break for Session Attendees

Julie I. Fershtman

Foster Swift Collins & Smith PC

A brief intermission allowing participants to refresh before continuing with the remaining program sessions. Use this time to review notes and prepare questions for upcoming topics.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:10 pm - 3:20 pm EST

Contract Language Requirements by State Law

Julie I. Fershtman

Foster Swift Collins & Smith PC

Examine state-specific requirements for waivers and contracts, including Ohio’s requirement to specify each inherent risk and Arizona’s release as a condition precedent to immunity. Learn what Virginia, Kentucky, Iowa, and West Virginia mandate in written agreements.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:20 pm - 3:30 pm EST

Examining Uncommon State EALA Approaches

Julie I. Fershtman

Foster Swift Collins & Smith PC

Take a deeper look at states with unusual equine liability statutes, including Arizona’s release prerequisite, Virginia’s unique intrinsic risks terminology, and Connecticut’s entirely different statutory form. Minnesota’s nonprofit-only application is also examined.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:30 pm - 3:35 pm EST

California and Maryland Without EALA Protection

Julie I. Fershtman

Foster Swift Collins & Smith PC

Analyze how California relies on robust assumption of risk doctrine and Maryland operates under contributory negligence without equine liability statutes. Discover why practitioners in these states generally maintain they are not disadvantaged compared to EALA states.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:35 pm - 3:40 pm EST

Practical Framework for Applying EALA Analysis

Julie I. Fershtman

Foster Swift Collins & Smith PC

Learn a systematic five-step approach for determining whether an EALA applies to any incident, from establishing participant status to verifying compliance with statutory requirements. This practical framework helps attorneys quickly assess statutory applicability.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:40 pm - 3:45 pm EST

Statutory Amendments and Farm Animal Expansion

Julie I. Fershtman

Foster Swift Collins & Smith PC

Explore the trend of states converting equine statutes to farm animal activity liability acts, covering cattle, goats, llamas, and other animals. Understand the practical implications for agritainment businesses and the need to update signage and contracts.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:45 pm - 3:50 pm EST

Themes in EALA Litigation Across States

Julie I. Fershtman

Foster Swift Collins & Smith PC

Review the major litigation themes involving equine liability acts, including participant status disputes, faulty tack interpretation, and waiver effectiveness. Examine how courts in states like Georgia, Alabama, and Florida address non-compliance consequences.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 3:50 pm - 4:00 pm EST

Latest Trends in Equine Liability Nationwide

Julie I. Fershtman

Foster Swift Collins & Smith PC

Discover current developments including farm animal expansion, continuing duty considerations in horse-rider matching, and the reasonable and prudent efforts exception as a litigation hotspot. Key recent cases from multiple jurisdictions are analyzed.

Julie I. Fershtman

Foster Swift Collins & Smith PC

clock 4:00 pm - 4:10 pm EST

National Litigation Issues and Defense Strategies

Julie I. Fershtman

Foster Swift Collins & Smith PC

Conclude with strategic considerations for both defense and plaintiff counsel in EALA litigation, including documentation best practices and jury instruction strategies. Key takeaways emphasize state variation, compliance importance, and the need for regular contract updates.

Julie I. Fershtman

Foster Swift Collins & Smith PC

01 15
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Julie I. Fershtman

Foster Swift Collins & Smith PC

Julie I. Fershtman

Foster Swift Collins & Smith PC

Julie I. Fershtman is an Equity Shareholder with Foster Swift, handling a broad range of civil matters including business litigation, insurance coverage, contract disputes, agribusiness law, insurance defense, premises liability, sporting and recreational liability, construction law/defect, business torts, real estate disputes, defamation, and fraud matters. She is widely recognized as one of the nation’s leading lawyers in equine law.

Education & Credentials

Undergraduate and law degrees from Emory University.

Recognition & Leadership

Michigan Lawyers Weekly 2016 'Woman of the Year' and named to 'Michigan Lawyers Hall of Fame' in 2024. Listed by Michigan Super Lawyers every year since 2008, included in 'Top 100 Lawyers' and 'Top 50 Women Lawyers' lists. Listed in The Best Lawyers in America for Insurance Law and Commercial Litigation every year since 2013. Martindale 'AV' 5.0/5 rating. Received State Bar of Michigan's Hudson Award and Women Lawyers Association of Michigan's 'Jean King Leadership Award.' Crain's Detroit Business '40 Under 40,' 'Woman to Watch,' and twice 'Notable Woman in Law.' DBusiness Magazine 'Top Lawyer.' ABA 'Excellence in the Advancement of Animal Law' Award. Her latest ABA-published book won four national book awards.

Professional Involvement

Past president of the 46,000-member State Bar of Michigan (only the 5th woman elected to that position). Served on the ABA House of Delegates. Fellow of ABA, Michigan, Detroit, and Oakland County Bar Foundations. Senior Fellow of the Litigation Counsel of America, a national invitation-only trial lawyer honorary society.

Experience

A lawyer for 38 years with experience in trials, arbitrations, mediations/facilitations, and appeals. Tried cases before juries in four states (Michigan, Illinois, Ohio, Connecticut) and litigated before the Michigan Court of Appeals and Michigan Supreme Court. Pro hac vice admitted in state and federal courts in 21 jurisdictions. Authored over 400 published articles and 4 books on legal issues. Speaking engagements span 29 states on liability, insurance, and risk management topics.

Julie I. Fershtman

Foster Swift Collins & Smith PC

Julie I. Fershtman is an Equity Shareholder with Foster Swift, handling a broad range of civil matters including business litigation, insurance coverage, contract disputes, agribusiness law, insurance defense, premises liability, sporting and recreational liability, construction law/defect, business torts, real estate disputes, defamation, and fraud matters. She is widely recognized as one of the nation’s leading lawyers in equine law.

Education & Credentials

Undergraduate and law degrees from Emory University.

Recognition & Leadership

Michigan Lawyers Weekly 2016 'Woman of the Year' and named to 'Michigan Lawyers Hall of Fame' in 2024. Listed by Michigan Super Lawyers every year since 2008, included in 'Top 100 Lawyers' and 'Top 50 Women Lawyers' lists. Listed in The Best Lawyers in America for Insurance Law and Commercial Litigation every year since 2013. Martindale 'AV' 5.0/5 rating. Received State Bar of Michigan's Hudson Award and Women Lawyers Association of Michigan's 'Jean King Leadership Award.' Crain's Detroit Business '40 Under 40,' 'Woman to Watch,' and twice 'Notable Woman in Law.' DBusiness Magazine 'Top Lawyer.' ABA 'Excellence in the Advancement of Animal Law' Award. Her latest ABA-published book won four national book awards.

Professional Involvement

Past president of the 46,000-member State Bar of Michigan (only the 5th woman elected to that position). Served on the ABA House of Delegates. Fellow of ABA, Michigan, Detroit, and Oakland County Bar Foundations. Senior Fellow of the Litigation Counsel of America, a national invitation-only trial lawyer honorary society.

Experience

A lawyer for 38 years with experience in trials, arbitrations, mediations/facilitations, and appeals. Tried cases before juries in four states (Michigan, Illinois, Ohio, Connecticut) and litigated before the Michigan Court of Appeals and Michigan Supreme Court. Pro hac vice admitted in state and federal courts in 21 jurisdictions. Authored over 400 published articles and 4 books on legal issues. Speaking engagements span 29 states on liability, insurance, and risk management topics.

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Why Attend

Why this 
program matters

Mastering equine and farm animal activity liability laws is critical for legal practitioners to effectively protect clients in an industry generating over $177 billion annually while managing risks in high-injury equine activities.
48
U.S. states have enacted Equine Activity Liability Acts to limit liability for inherent risks in horse-related activities.
$177B
Total economic impact of the U.S. equine industry in 2023, supporting 2.2 million jobs nationwide.
45%
Percentage of adult sports-related traumatic brain injuries attributed to equestrian activities in U.S. trauma centers.
65k+
People treated annually in U.S. emergency departments for horse-related injuries.

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