What if.......?

[Gale Seddon]

I'm interested in your comments on this situation:

A rents a pasture from B and A puts several cows in it to graze.

C owns property next door to B. C's bull breaks the fence (4-strand barbed wire) and breeds A's cows. The bull has done this several times.

I don't know if there is any written agreement between A and B.
Bull's owner is concerned about STD's (edited to add: STD's that the bull might have gotten from the cows).
Cows' owner is concerned about bull breeding his cows.

Who is responsible for what (lutalyse, fence repair, rebuilding a better fence, etc.)?
What law(s) apply -- state? county?

Hey, thanks!

 

[FarmGirl10]

C would be responsible for fence repairs since they're bull broke it down. No idea on the other stuff though.

 

[Anonymous]

Source of the problem is the bull..so I would think that fence repair goes to the bull. Cost of lute to the owner of the cows, and std responsibility back to the bull since he wouldn't have been at risk if he wasn't where he shouldn't have been....but this is just common sense thinking..the law may be exact opposite

 

[Isomade]

Source of the problem is the bull..so I would think that fence repair goes to the bull. Cost of lute to the owner of the cows, and std responsibility back to the bull since he wouldn't have been at risk if he wasn't where he shouldn't have been....but this is just common sense thinking..the law may be exact opposite

Agree

 

[alisonb]

Gale, as far as I can recall, very simply put, when dealing with domestic animals one has to prove ownership of the animal, negligence on the owners part and due care. You also get something called a 'legal' fence which has to contain the animal, you would have to find out what is legal there. If C has a 'legal' fence and has taken all necessary precautions to contain his animals he cannot be held liable. If, as in this case, it has happened before and he has been aware of it, full responibility falls on him for any costs/damages incurred. If the bull got out due to an Act of God damaging the fence or a gate being left open by an unknown party the situation will be different.
I cannot assist with different states etc

 

[Gale Seddon]

Thanks for the help, folks. I appreciate the answers and will try to get the information to "A" if I can. :compute:

Kind of hard to determine responsibility if you don't know the location and/or laws that apply. :?: