Next month, the Virginia Horse Council will host its Annual Meeting and Educational Seminar at Colonial Downs in New Kent, VA, on Saturday, March 13, 2010, from 8 am to 4:30 pm. I will be speaking in the morning and afternoon sessions.

I thoroughly enjoyed meeting all those attendees and fellow horse enthusiasts at the seminar last night. Hope to see you at the VHC’s Annual meeting in March at Colonial Downs.

Our firm now has two attorneys, Ms. Robin McVoy and Ms. Colleen Gentile who specialize in civil animal law. Colleen has over thirteen years of litigation experience and has handled over fifty jury trials. Robin regularly provides pro bono legal representation to the animal welfare community, and has represented a variety of individuals from different facets of the animal world in court, from a non-profit animal rescue, to a dog walker, to a veterinarian. Animal law is a broad area of the law that can encompass any civil or criminal issue that involves an animal, or that can specifically refer to issues arising out of the state code sections that regulate animals.

Some common types of civil animal law issues are: dog bites/attacks, veterinary malpractice, contract disputes involving releasing agencies or breeders, custody disputes, estate planning, implied warranty issues in sale, and business law issues pertaining to business owners whose livelihoods depend on the welfare of animals. While the boundaries of what is, and is not “animal law” may be gray, one thing is clear: the field is growing exponentially.

(Hat tip to Jane Genova and Legal Blog Watch for great statistics.)

In essence, the Act limits liability for those acts that are considered inherent dangers of equine activities pursuant to the code. Many states have enacted similar statutes to Virginia’s that limit liability for injuries that occur while participating in equine activities. The purpose, in part, of these statutes is to promote the equine industry and protect the sport.

Whether you’re an occasional pleasure rider, a horse sportsman or woman, a horse owner, breeder or facility operator, you need to be aware of the effects of this law and the duties it may impose on you or your business.

If you live in the area, I hope you’ll come to the Salem Church Library at 2607 Salem Church Road at 7:00. I’d love to meet you, listen to your ideas and concerns, and tell you more about our equine practice.

That evening, I’ll be attending the Horses In Service  silent auction as a new Board member. The fund raiser for this therapeutic riding service for adults and children will take place at the Hillcrest Baptist Church in Mechanicsville from 5:00 pm - 7:30 pm. If you’re in the area and available, please come.

By the way, I did ride again in the Arabian Horse Association (AHA) Region 15 Championships and was Top 5 in my division, Arabian Hunter Pleasure Amateur Owner to Ride.

Our firm always takes a contingent of clients and a few attorneys down for a skybox view of the festivities, which start mid-day and culminate in the Derby running about 5:30 p.m. It’s a ten-race afternoon including the Derby, so there is a lot to see and enjoy. I’ll be there again this year with a couple of my good horse industry friends and maybe I’ll see you!

What’s your favorite animal taught you about life?

For those participating in the horse industry’s signature competitive racing event, the Kentucky Derby, other people, such as race organizers, industry regulators and track management will make those safety lists and guidelines for you. Those safety lists and guidelines keep getting longer, especially given last year’s publicized fatality during the Kentucky Derby.

Moreover, for other organized horse related events and competitions, the National Horse Show Commission and other organizations, are setting forth guidelines to ensure safety. For example, the Tennessee Walking Horse has an activist organization called Walking Horse Advocates to promote protection and humane treatment during competition and otherwise.

What does your safety checklist include?

This is Garrett and I in Aiken, South Carolina!

I am not sure whether I found my way to horses or horses found their way to me, but growing up on a large horse farm probably had something to do with it!  My family owns a large training facility in Raleigh, North Carolina.  From the age of six or seven, I could usually be found riding, hauling hay, repairing fences, cutting pastures, or doing barn work.

Because the facility was a place where so many people had so much fun, I never really thought about the farm being a business.  It never really crossed my mind growing up that the farm-hands were employees, just like those who worked in the office buildings downtown.  They were my friends, comrades, and sometimes even competition in the horse bubble where I lived.

I wonder if this misconception on my part has less to do with me and more to do with how horse farms and training facilities are run.  As a lawyer, I am trained to think about liability, contracts, etc.  So now, every time I am on my mother’s horse farm, I am thinking about whether or not she has effective policies and practices limiting liability.  Or, heaven forbid, if she has completed and maintains the correct paper work (such as tax documents and I-9 forms) for her employees.  Luckily, my mother has listened to the free advice my expensive education affords her!

So what do you, my fellow equestrians, think?  Are farms missing the mark?  Are training facilities protecting themselves (as best they can) from liability?