Nearly half of the United States is battling extreme temperatures. Surprisingly, the occurrence of a simple heat wave can expose boarding facilities and trainers to complaints and even lawsuits should a customer’s horse become ill due to extreme heat.

The Horse.com has published some good advice from veterinarians on caring for horses in extreme heat. The full

In most states, trainers do not have an express statutory lien for unpaid training fees and training-related expenses unrelated to the care of horses 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 of nonpayment of training fees, the law is unclear as to whether a trainer can hold or sell the owner’s horse when training fees remain unpaid.  You need to check your state’s statutes, however, as some states’ stableman’s liens do expressly provide a lien for training services. Oklahoma’s stableman’s lien statute, for example, expressly includes a lien for training services.  You can find your state’s lien statutes on Equine Law and Horsemanship Safety.

What if My State Has a Stableman’s or Agister’s Lien Statute but No Trainer’s Lien?  Currently, every state except Rhode Island has a stableman’s or agister’s lien statute.  These statutes provide those who care for, board, pasture, or stable the horses of another with a lien on the horse if charges related to the care of the horse are not paid.  Charges related to the "care" typically include the monhtly board rate, supplements, wormer, vaccinations, farrier, and veterinary services paid or advanced by the caregiver on behalf of the owner, and other services related to the care, health, and maintenance of the horses.  See Carney v. Wallen, 665 N.W.2d 439 (Iowa Ct. App. 2003)(holding that a trainer who provided only training and did not also provide board or other services related to the "care" of the horses could not obtain a stableman’s lien because training services do not pertain to actions or services performed in the course of acting as a stable keeper).Continue Reading Do Horse Trainers Have a Lien on Horses they Train for Unpaid Training Fees?

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 for the

"Absolute insurer rules" and "trainer liability rules," common in horse racing and other equine sports, presume that trainers are responsible when their horses test positive for illegal substances.  In effect, the rules make trainers guilty unless proven innocent.

The effect of this presumption is to shift the burden of proof from the governing body to the trainer, who must prove innocence by showing  that he or she did not negligently administer a prohibited substance to the horse or did not negligently allow someone else to interfere with the horse.  These rules can result in the imposition of a penalty against the trainer and/or the horse’s owner without actual proof of guilt.

Courts have uniformly upheld the absolute insurer rules, despite the fact that they appear to violate the due process of law.Continue Reading Race Horse Trainers “Guilty Until Proven Innocent”