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McBrayer Blogs

Showing 3 posts in Equine law.

HISA Is Out of the Starting Gate – What Horseracing Professionals Need to Know

A new era of horseracing began on July 1 as the Horseracing Integrity and Safety Act of 2020 went into effect. The first ever national regulation of the sport, this new federal law brings changes for everyone involved in horseracing, so it’s important to know what your obligations are in order to maintain compliance. More >

Dept. of Agriculture Issues COVID-19 Guidance for the Equine Industry

Posted In Equine law, Office of the State Veterinarian

Gov. Beshear’s order of March 25, 2020, closing all non-essential businesses, allows businesses related to food, beverage, and agriculture to remain open, including “farming, livestock…and businesses that provide food, shelter, and other necessities of life for animals…” The Department of Agriculture’s Office of State Veterinarian clarified some best practices for those in the equine industry who remain open at this time. More >

Kentucky Equine Liability: When the Potential Buyer Takes a Tumble

Posted In Equine law, Kentucky Equine Liability

Recently the Kentucky Supreme Court addressed liability issues facing Kentucky horsemen when offering riding horses for sale. The sale of horses for riding use is a common facet of the horse business in Kentucky, and test rides are frequently part of the sale process. A test ride, however, opens the door to unique liability issues.  In 1996, the General Assembly enacted the Farm Animals Activity Act (“FAAA”), which dictated that the inherent risks associated with farm animals, including horses, are beyond the reasonable control of farm animal activity sponsors, professionals, or other involved persons. However, this statute left several exceptions permitting liability on the table. Until recently, no published case law in Kentucky provided guidance for the application of these exceptions. In August 2018, the Kentucky Supreme Court clarified the FAAA exceptions involved with a potential buyer riding a sales horse in Daugherty v. Tabor. More >

Lexington, KYLouisville, KYFrankfort, KY: MML&K Government SolutionsWashington, D.C.