Questions to Ask Your Equine Lawyer
By Dominique Torsiello, Attorney, Pike & Lustig, LLP.
Offices in Wellington, West Palm Beach, and Miami.
Horse owners, lessors, and barn managers often ask:
Q: Do Florida’s equine liability exemption laws apply to private barns in Wellington?
A: Yes, provided (i) the barn satisfies the posting and notification requirements set forth in Florida Statute § 773.04, and (ii) the act does not fall within the exceptions set forth in Florida Statute § 773.03.
Q: How can I reduce liability in an equine lease or boarding agreement?
A: Confer with an attorney specializing in equine law to help you draft or review a lease or boarding agreement. These agreements often include indemnification clauses, liability waivers, insurance requirements, and clear allocations of risk.
Q: Who pays for veterinary care under a lease?
A: It depends on the terms of the contract. Consulting with an attorney experienced in equine law can help make sure the agreement reflects your expectations. Often, lessees cover routine veterinary care and may carry medical insurance. Some owners prefer to retain medical decision-making rights regardless of who pays for care.
Q: What happens if the horse gets injured or dies during the lease?
A: The lease agreement should clearly define liability and financial responsibilities, including minimum insurance coverage requirements and whether the lessee must pay the full lease fee in the event such circumstances arise. Without clear terms, disputes over negligence, insurance, or loss can occur.
Q: Can I get out of an equine contract early—and what happens if I do?
A: Only if the agreement allows for early termination. Termination clauses should specify when early termination is permitted and any applicable penalties for such termination.
Q: Am I allowed to transfer my lease or boarding contract to someone else?
A: In most cases, lease and boarding agreements prohibit assignment or subleasing unless all parties provide written consent. Always check the specific terms of your contract.
