I have a case where a cow got onto the road and my client hit the cow. Is the cow owner responsible?
Answer: You have to prove that the animal is out of its pasture through negligence of its owner or keeper. See:
- Rouk v. Halford, 1970 OK 195, 475 P.2d 814: Fact that horse was loose on highway gave rise to no interference of negligence, but P. vehicle operator had to prove D. negligent in letting the horse out. Citing Champlin Refining Co. v. Cooper, 184 Okl. 153, 86 P.2d 61 (1939): Proof D's. children left gate open not sufficient.
- Accord as to Statite (4 O.S. 1965 Supp. §98) as amended - Shuck v. Cook, 1972 OK 25, 494 P.2d 306
- Carver v. Ford, 1979 OK 26, 591 P.2d 305: No presumption of negligence from fact animal is out. If owner negligently or intentionally permits animal to run loose, owner is liable. "...if the owner proves" animal was out due to no fault of owner, owner is not liable for trespass unless covered by statute.
- Kelley v. Barrett, 1995 OK 55, 897 P.2d 289: Circumstantial evidence sufficient to get past summary judgment where neighbors testified fences in poor repair and horses out before.
Thu, February 16, 2012
by Sharon Coleman filed under