Legal troubles regarding escaped cattle? *UPDATE*

[dianneS]

Has anyone ever had any legal troubles, with neighbors etc regarding their cattle escaping?

My brother's father-in-law has cattle and recently a kid on a 4-wheeler hit and killed a loose steer on the road near his house. It was verified that the steer did not belong to my brother's father-in-law (the steer was too clean and well cared for to be his).

The kid on the 4-wheeler was under age for driving an ATV and he was on a public road which is illegal! The kids parents are suing my brother's father-in-law anyway to the tune of $35,000 for "pain and suffering".

First of all, they are suing the wrong person, second, this poor old man is literally dirt poor, lives in a shack with a leaking roof, plaster and insulation hanging down into the living space and can't heat his house above 55 degrees! The attorney advised him to just try and settle out of court for $10k, since court costs and attorney's fees as well as an investigation to prove it wasn't his steer, would cost more than ten grand!

I think this is just horrible, these people have nothing but an old shack, some skinny cattle and some land. Their kids and grandkids are being no help at all. Is there anything that can be done? This is a totally frivolous lawsuit and just shouldn't even be allowed to be entertained at all.

Is there any legal cousel that deals with specific issues like this? It just makes me so mad! I wish I could do more to help them.

 

[Sara]

Let me get this straight you are saying a kid on a 4 wheeler hit a steer an killed it? Is the kid alive?

 

[dianneS]

Yeah, I know its crazy! How could a four-wheeler kill a steer? But that is what I was told. Maybe a small young steer? The kid is alive, but apparently suffering $35,000 worth of suffering anyway!

 

[DonnaBelle]

I know that here in Oklahoma if you have a cow/steer/calf out it's on a public roadway and someone hits it you are liable for any damages incurred.

However, I am sure circumstances would prevail. If it cannot be proven who the cow belongs to, it would be impossible to lay blame. This is why some people don't ID their cattle, because all fences can get down, especially during an ice storm,etc.

Yes, you will have to get a good attorney to represent you. If it goes to court, you will need someone on your side.

Having said that, it's rather hard to get blood out of a turnip, so to speak.

Good luck,

It's always something.

DonnaBelle

 

[ohiofarmgirl]

yep its a real thing - can you believe it?

my insurance co told me sternly that if our livestock got out on the road then its totally on me, my problem, my responsibility etc etc

all our bigger stock is in the back of the property and we fence fence fence like mad.

crazy world, huh?

the BIL father should check with his home owners. farm-for-profit properties are insured differently than regular homes (like mine - since we dont farm for profit we are not farm-insured). i believe there is a thing called a fire/umbrella policy that protects the insured if someone like this sues them.

wow thats a bad situation all around. sorry to hear

 

[dianneS]

The unfortunate thing is that he has absolutely no insurance at all whatsoever. No health, property, farm, homeowners, car insurance, life insurance, you name it, he has none. These people are as poor as poor and no one cares at all.

Its so upsetting, since its not even his steer! I would love to get a hold of these people and just ask them what they think they are trying to do? Their 14 year old son is already breaking the law, and with parents setting examples like this, with frivolous lawsuits, the kid doesn't stand a chance at turning out like a decent human being. He'll probably be in prison by 18.

I just wish there was more that could be done for a dirt poor farmer and his elderly wife. They literally have nothing but their shack, some cattle and their land. Their land is all they have of any value. They will have to sell some just to settle this lawsuit out of court. If they can sell any land in this economy.

 

[hooligan]

Ok, so does anyone have a clue as to who the steer belonged to?

 

[Sara]

I'm still struggling with how this kid on a 4-wheeler hit and killed a steer, but is still well enough to file a lawsuit. I know the damage a cow can do to a vehicle, the damage even a deer does to a truck. I can't imagine how someone could hit one with a 4-wheeler and walk away. But regardless of that, if it's not this poor farmers animal, how can they sue him, wouldn't they have to be able to prove it belonged to him? Are there other neighboring farms with cattle?

 

[jhm47]

There are lawyers who take such cases as this on a "pro bono" (meaning no charge) basis. I would check with your local social services agencies to see if they could refer you to one. Barring that, make sure that the defendant goes to court and explains to the judge what has actually happened. Many times judges will throw out a frivolous case like this, and the defendant does not even need a lawyer.

PS. In some states there is an "open range" law. This law makes it the driver's fault if he hits domestic livestock on the road, and the driver must pay the owner for damages. I don't know what state you're in, but you might want to check up on this.

 

[dianneS]

There is another farm nearby and they think that is where the steer came from. I still can't fathom how a four wheeler could kill a steer either!