Van kills cow on road - who's liable for damage to the van

Van kills cow on road - who's liable for damage to the van

Author
Discussion

anonymous-user

53 months

Thursday 4th October 2012
quotequote all
The Animals Act 1971 does not apply here. The ordinary principles of negligence do apply. If the farmer left the gate open, he might be liable. If a passing walker left the gate open, the farmer would not be liable. Fault on the part of the driver would depend on the circumstances.

moreflaps

746 posts

154 months

Thursday 4th October 2012
quotequote all
Where was it T-boned.. . was it Jersy? My stomach is churning at the thought of getting creamed that way. What a burger that would be... Butter post to PH to cheese conchurns would sort out if the stupid cow is responsible and you can suet.


FiF

43,958 posts

250 months

Thursday 4th October 2012
quotequote all
If we stop mincing about and shin over to the other side of the pond for a minute, hit a steer in Nevada and the driver pays the farmer.

ikarl

3,730 posts

198 months

Thursday 4th October 2012
quotequote all
R0G said:
I think it would depend what happened

Cow in road and van hit it = van fault for not stopping in time

Cow ran out in front of van = cow/farmer fault
This.

anonymous-user

53 months

Thursday 4th October 2012
quotequote all
This one will be milked to death.

streaky

19,311 posts

248 months

Thursday 4th October 2012
quotequote all
My driver in Delhi refused to accept any possibility that he could kill a cow with the car.

Streaky

andygo

6,786 posts

254 months

Thursday 4th October 2012
quotequote all
Was it a cowboy builders van? If its written off, is it worth a tanner or is he on a hiding to nothing?n If it was the drivers fault, he should have hoofed it.

Did he know the cow, pat?

That all. Sorry. smile

daz3210

5,000 posts

239 months

Thursday 4th October 2012
quotequote all
andygo said:
Was it a cowboy builders van? If its written off, is it worth a tanner or is he on a hiding to nothing?n If it was the drivers fault, he should have hoofed it.

Did he know the cow, pat?

That all. Sorry. smile
If its worth a tanner, then he only needs a pot to piss in.



7db

6,058 posts

229 months

Thursday 4th October 2012
quotequote all
I wonder if the OP has herd enough.

streaky

19,311 posts

248 months

Thursday 4th October 2012
quotequote all
daz3210 said:
andygo said:
Was it a cowboy builders van? If its written off, is it worth a tanner or is he on a hiding to nothing?n If it was the drivers fault, he should have hoofed it.

Did he know the cow, pat?

That all. Sorry. smile
If its worth a tanner, then he only needs a pot to piss in.
I wonder how many will understand that. wink

Streaky

steviejasp

1,646 posts

164 months

Thursday 4th October 2012
quotequote all
I think the van driver will eventually be charged with bovine without due care and attention

chilistrucker

4,541 posts

150 months

Thursday 4th October 2012
quotequote all
steviejasp said:
I think the van driver will eventually be charged with bovine without due care and attention
laugh

was the cow def dead?
if not, and left lying at the side of the road on a cold morning, it must have been bloody fresian!



RtdRacer

1,274 posts

200 months

Thursday 4th October 2012
quotequote all
BertBert said:
going to have to ruminate on that for a while
Oh, very good. <applause>

BIGDAI

Original Poster:

403 posts

210 months

Thursday 4th October 2012
quotequote all
7db said:
I wonder if the OP has herd enough.
He has indeed! rolleyes

Bullocks! only just noticed the spelling!!

streaky

19,311 posts

248 months

Thursday 4th October 2012
quotequote all
If I heifer read an udder load of tripe like this, I'll have a beef with the writer.

Streaky

Funk

26,254 posts

208 months

Friday 5th October 2012
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How long did the pigs take to reach the scene?

chilistrucker

4,541 posts

150 months

Friday 5th October 2012
quotequote all
Funk said:
How long did the pigs take to reach the scene?
Now you've put a fly in the oink ment

BIGDAI

Original Poster:

403 posts

210 months

Friday 5th October 2012
quotequote all
Mooooooove on - nothing more to see here!

Nigel Worc's

8,121 posts

187 months

Friday 5th October 2012
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Funk said:
How long did the pigs take to reach the scene?
PMSL, and all the other jokers.

You wouldn't think it quite so funny if you've faced the situation though, I had a near miss in the dark with a bull, on the Malvern to Ledbury road, wife and kids in the car, a few years back now.

I also had to deal with some escaped gee gee's, as a special constable, on the Worcester to Bromyard road, again in the dark.

It is horrific when animals escape and collide with motorvehicles, something the size of a cow, and the chap was lucky to survive.

Pontoneer

3,643 posts

185 months

Saturday 6th October 2012
quotequote all
BIGDAI said:
On the way to work this morning (rural, fairly fast A road) & drove past a seriously smashed up Transit van parked up on one side of the road and a very dead-looking cow on the other side. Fairly obvious from the location that the cow had escaped from the nearby field. Police were in attendance & were talking to the van driver so didn't bother stopping.
However, it made me wonder who would be liable for the van damage? Van driver's insurance as he had collided with another object or is liability with the farmer for (I assume) allowing his animal to stray onto the road?
It is in the nature of animals that they will sometimes escape if someone opens a gate , or a fence breaks . If the farmer can show that he maintained his fences in good order then no liability is likely to be found against him .

It is always a drivers responsibility to be able to stop safely in the distance he can see to be clear , therefore the van driver is responsible for the collision and I would expect his insurer will have to bolls safe the farmer for the cow .

I can't see what there is to beef about here .