Farmer liable after beast escapes onto road.
- Thread starter Yale
- Start date
Northeastfarmer
Member
- Location
- Cleveland
That’s what you pay your insurances for
- Location
- South Molton
Can i claim upon the person who's released pheasant damages my car? Its not a wild animal after all.
- Location
- Scottish Highlands
Northeastfarmer
Member
- Location
- Cleveland
Exactly...and pheasants aren’t registered to a particular keeper like cattle are....unless you eartag themYou could claim but whether they would pay up is another matter!How do you prove who released that particular bird? It might be a wild one!
- Location
- Ceredigion, wales
Can't understand why the farmer contested it really. Isn't that what public liability insurance is for? Our neighbour had a similar situation. A car hit one of their Welsh Black steers on the road in the dark. Steer had to be put down, car written off and driver with whiplash, shock and still getting flashbacks months later. Nobody knows to this day how the steer got out.
- Location
- South Molton
Well the sigbs on the road side state slow down for pheasants.....admitting liability?Exactly...and pheasants aren’t registered to a particular keeper like cattle are....unless you eartag them
Northeastfarmer
Member
- Location
- Cleveland
- Location
- Scottish Highlands
There was a famous case involving horses that got out and caused an accident. Regardless of how the horses got out, it was held the owner was liable because horse do sometimes get out! I'll dig the case out if anyone is interested. Public liability for the owners of livestock is an absolute must. A bloody expensive one too, unfortunately.
Here you go:
https://publications.parliament.uk/pa/ld200203/ldjudgmt/jd030320/mirva-1.htm
I don't think it would apply to pheasants as they have been "returned to the wild" and are no longer property until "rendered into possession". i.e. shot.
Here you go:
https://publications.parliament.uk/pa/ld200203/ldjudgmt/jd030320/mirva-1.htm
I don't think it would apply to pheasants as they have been "returned to the wild" and are no longer property until "rendered into possession". i.e. shot.
- Location
- East Sussex
- Location
- Ceredigion, wales
No I think it was genuine for once.Whiplash? Flashbacks? Wasn’t no win no fee was it?
- Location
- Dorset/Wilts
betweenthelines
Member
- Location
- southwest
So, if a child had run out into the road and been hit by this driver, the child (or parents) would be liable?
Not saying the owner of the animal is blameless, but surely the driver has partial liability?
Not able to stop in an emergency, and how fast was he going anyway?
?
Not saying the owner of the animal is blameless, but surely the driver has partial liability?
Not able to stop in an emergency, and how fast was he going anyway?
?
- Location
- Lincolnshire.
Once pheasants are released they are regarded as wild animals by the law. So no need to worry about putting your neighbours birds in the freezer, once they are on your ground they are yours!
- Location
- Northern Ireland
Getting into legal technicalities, which a mere mortal farmer isn't really qualified to comment on, but I'd say parents could very well be held liable to some degree. Would depend on the age of the child and circumstances. We all have duty of care to those people and things under our watch. If a parent fails to take steps to safeguard a toddler from being injured on a stairway, then questions will no doubt be asked. I'm sure the question of the driver's speed was looked into as well, if he was abiding by the law and had taken reasonable precautions to expect potential danger.
It's one the farmer will never come out on the right side of, as we bear the responsibility for their actions and that's it.
I assume his Insurers were fighting the case.... Not wanting a precedent set I imagine!
"An animal expert said Charolais could be "flighty" when spooked but no-one knew what had frightened it into jumping the six foot (1.8m) fence."
I always thought Charlies to be quite quiet as a breed. TBH I am not sure what the "expert" means, ANY animal can be flighty. The Lab dozing at my feet has been known to have the odd moment...
I had a case here a good few years ago when I had a call at early O Clock from the local Police to say our cattle were out in a nearby village, about a mile from home. At first i just did not believe it, but trundled off to see what was the situation, to find a bunch of Hereford heifers had "escaped" from their fields. What got me at the time was how the hell they had got there... The cops gave me hand for about 2 mins before they buggered off for their bacon sarnies, so me and the (then GF) got them back nearer home. Suffice to say, that on investigation later that day, the bloody pikeys had been running Lurchers on several farms and had cut several barbed wire fences, including our Boundary fences and those of a neighbour.
What got me though was a call from the local Inspector a few hours later moaning about the wasted time of his Officers and how he would be charging us...! My response was that it was a criminal act that had caused the incident, and that I would be reporting it later to the station. We had had several incidents in the locality of lurcher men that had been reported and ignored, so that went into my Incident report too....
Suffice to say nothing more was heard from the Inspector, and not surprisingly, not much was done about the lurcher men, although the Officer who came to see me asked if we knew where they parked up and said they would "keep and eye out"... What did tickle me was his remedy for the night-wanderers, "find the parked car/van and loose the tyres down. If really serious, wedge a matchstick soaked in Superglue into the door lock and tyre valve!!"
"An animal expert said Charolais could be "flighty" when spooked but no-one knew what had frightened it into jumping the six foot (1.8m) fence."
I always thought Charlies to be quite quiet as a breed. TBH I am not sure what the "expert" means, ANY animal can be flighty. The Lab dozing at my feet has been known to have the odd moment...
I had a case here a good few years ago when I had a call at early O Clock from the local Police to say our cattle were out in a nearby village, about a mile from home. At first i just did not believe it, but trundled off to see what was the situation, to find a bunch of Hereford heifers had "escaped" from their fields. What got me at the time was how the hell they had got there... The cops gave me hand for about 2 mins before they buggered off for their bacon sarnies, so me and the (then GF) got them back nearer home. Suffice to say, that on investigation later that day, the bloody pikeys had been running Lurchers on several farms and had cut several barbed wire fences, including our Boundary fences and those of a neighbour.
What got me though was a call from the local Inspector a few hours later moaning about the wasted time of his Officers and how he would be charging us...! My response was that it was a criminal act that had caused the incident, and that I would be reporting it later to the station. We had had several incidents in the locality of lurcher men that had been reported and ignored, so that went into my Incident report too....
Suffice to say nothing more was heard from the Inspector, and not surprisingly, not much was done about the lurcher men, although the Officer who came to see me asked if we knew where they parked up and said they would "keep and eye out"... What did tickle me was his remedy for the night-wanderers, "find the parked car/van and loose the tyres down. If really serious, wedge a matchstick soaked in Superglue into the door lock and tyre valve!!"
Farmer Miggins
Member
- Location
- East Anglia
Notifiable animals, is I think the term. Sheep, cows, horses, dogs (+ others) person with duty of care over them is liable. Cat, pheasant etc no liability and no need to report injury of same to owner or Police by the driver.
Old Boar
Member
- Location
- West Wales
This bit annoyed me.
"Lord Justice Davis said liability under the Animals Act 1971 did not require proof of negligence. The damage caused by the bullock was "of a kind which the animal, unless restrained, was likely to cause," he said."
Restrained - how? Tied up in a shed? This shows the ignorance of the Judge in what you can do with a beast. I bet he would not know a Charolais if it came up and licked him!
"Lord Justice Davis said liability under the Animals Act 1971 did not require proof of negligence. The damage caused by the bullock was "of a kind which the animal, unless restrained, was likely to cause," he said."
Restrained - how? Tied up in a shed? This shows the ignorance of the Judge in what you can do with a beast. I bet he would not know a Charolais if it came up and licked him!
Guiggs
Member
- Location
- Leicestershire
He should have just let the insurance deal with it,that's what it's for!
As for charoais being flighty....
The ones we had were mental until they'd had calves!
As for charoais being flighty....
The ones we had were mental until they'd had calves!