Van kills cow on road - who's liable for damage to the van
Discussion
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?
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?
That's udderly rediculous? How is i the animals fault if a transit T bones it at full pelt? The van driver trying to blame a beast is just milking the situation, it's his own fault for hoofing along too quickly for the road conditions, leathering into it. Naturally, the rest of us will take it in the rump if this practice carries on due to increased insurance premiums.
Tough one legally.
Google Mirvahedy v Henley, but there was a lower court decision in Livingstone v Armstrong which involved a cow hit by a car- a lot like in OPs example. The Animals Act 1971 is poorly drafted and inconsistently interpreted. The farmer's liability is not at all clear cut.
I'll have a think about a Moo joke and try to post something less boring next time.
Google Mirvahedy v Henley, but there was a lower court decision in Livingstone v Armstrong which involved a cow hit by a car- a lot like in OPs example. The Animals Act 1971 is poorly drafted and inconsistently interpreted. The farmer's liability is not at all clear cut.
I'll have a think about a Moo joke and try to post something less boring next time.
Train hits cow on railway.....Farmer gets big payout.
The railway fencing is the infrastructure maintainers responsibility so if it fails and livestock gets onto the railway, and subsequently damaged, the maintainer pays out.
It's amazing how much fencing became damaged during the foot and mouth eperdemic.
The railway fencing is the infrastructure maintainers responsibility so if it fails and livestock gets onto the railway, and subsequently damaged, the maintainer pays out.
It's amazing how much fencing became damaged during the foot and mouth eperdemic.
All jokes aside op sorry to hear about this. My father was killed when he hit a cow in the dark at nsl speeds in south Africa. In our family's case it turned out the fencing on his property was damaged and not been repaired and he was held fully liable.
cannot see why it would be any different here. The cow is his responsibility and liability.
cannot see why it would be any different here. The cow is his responsibility and liability.
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