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What a dumb idea. We all know cows can't read. And, to top that, they can't spell very well either. I know this from seeing how they spell wurdz on the Chick-Fil-A commercials.2farnorth wrote:Ed4032 wrote:Some one really should put up a No Cow Zone sign. That way this will never happen again.
Should have been more clear; the owner has a duty to fence and keep the animal in. If there is negligence on the rancher's part in that they failed to properly fence or neglected to maintain the fence and the cow got out, then they are liable. However, if no negligence can be shown on the farmer's part, then your insurance will have to cover the accident.2farnorth wrote: Keith B
I'm getting conflicting stories about their liabilities. One person experienced with the process here said you have to prove recurring negligence. That will probably depend on what the Sheriff's department has about past problems with the cow's owner. (If they ever found it). Won't know til the officer comes back to work this evening. My insurance is going to follow up also.
SUBCHAPTER E. ANIMALS RUNNING AT LARGE ON HIGHWAYS
§ 143.101. DEFINITION. In this subchapter, "highway"
means a U.S. highway or a state highway in this state, but does not
include a numbered farm-to-market road. The term includes the
portion of Recreation Road Number 255 that is located in Newton
County between State Highway Number 87 and the boundary line with
Jasper County.
Acts 1981, 67th Leg., p. 1350, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1987, 70th Leg., ch. 380, § 1, eff. Aug. 31,
1987.
§ 143.102. RUNNING AT LARGE ON HIGHWAY PROHIBITED.
A person who owns or has responsibility for the control of a horse,
mule, donkey, cow, bull, steer, hog, sheep, or goat may not
knowingly permit the animal to traverse or roam at large,
unattended, on the right-of-way of a highway.
Acts 1981, 67th Leg., p. 1350, ch. 388, § 1, eff. Sept. 1, 1981.
§ 143.103. IMMUNITY FROM LIABILITY.
A person whose vehicle strikes, kills, injures, or damages an unattended animal
running at large on a highway is not liable for damages to the
animal except as a finding of:
(1) gross negligence in the operation of the vehicle;
or
(2) wilful intent to strike, kill, injure, or damage
the animal.
Acts 1981, 67th Leg., p. 1350, ch. 388, § 1, eff. Sept. 1, 1981.
