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Cows ruined garden

  • 03-03-2010 10:03pm
    #1
    Sneachta
    Registered Users Posts: 494 ✭✭


    Hi all,

    A friend of mines garden was invaded by cows which escaped from a local farm. They came in the front gate and wrecked the garden. Does he have any right to ask the farmer to cover the damage done?

    Thanks


Comments

  • #2
    DublinWriter
    Registered Users Posts: 9,555 ✭✭✭DublinWriter


    Maybe he should steak his claim over the beef he has with the local farmer with a solicitor...I don't think individual cases are discussed here in relation to the giving of advise.


  • #3
    Victor
    Registered Users Posts: 78,234 ✭✭✭✭Victor


    Farmers need to control their livestock. He needs to speak to the farmer and if that isn't successful, his solicitor.

    He also needs to keep the gate closed as deer could also do damage.


  • #4
    Guill
    Registered Users Posts: 3,331 ✭✭✭Guill


    Of course he has a right, if your dog got onto his land and did damage he would not be happy.

    Call him and talk to him and if nothing happens get police involved.

    (Take pictures)


  • #5
    Sneachta
    Registered Users Posts: 494 ✭✭Sneachta


    Thanks for replies folks,
    He will be talking to the farmer at the weekend again.
    He was told by someone else (not a solicitor) that if the gate was open its hard luck.
    The damage is quite substantial and will cost quite a lot of money to put right.


  • #6
    Cunsiderthis
    Closed Accounts Posts: 471 ✭✭Cunsiderthis


    Sneachta wrote: »
    Thanks for replies folks,
    He will be talking to the farmer at the weekend again.
    He was told by someone else (not a solicitor) that if the gate was open its hard luck.
    The damage is quite substantial and will cost quite a lot of money to put right.

    Presumably you could find a different someone else to give conflicting advice?

    I'm not sure "someone else (not a solicitor)" is likely to produce the most accurate interpretation of the law and, in any case, the farmer should be willing to put right any damage done by animals in his care and control, whatever the law says.

    If the farmer is not going to show willing and try to put this right, and hide behing "someone else (not a solicitor)", it indicates you are likely to be dealing with a person of low moral character.


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  • #7
    EC1000
    Registered Users Posts: 1,336 ✭✭✭EC1000


    Sneachta wrote: »
    Hi all,

    A friend of mines garden was invaded by cows which escaped from a local farm. They came in the front gate and wrecked the garden. Does he have any right to ask the farmer to cover the damage done?

    Thanks

    I suspect your solicitor will inform you that strict liability attaches to livestock.


  • #8
    Sneachta
    Registered Users Posts: 494 ✭✭Sneachta


    EC1000 wrote: »
    I suspect your solicitor will inform you that strict liability attaches to livestock.

    Thanks for reply can I ask you what strict liability means exactly?


  • #9
    Victor
    Registered Users Posts: 78,234 ✭✭✭✭Victor


    Sneachta wrote: »
    Thanks for reply can I ask you what strict liability means exactly?
    If you (or the cows in this situation) do something, you are automatically guilty in the eyes of the law, you have no defence.

    So, if you obstruct a (signed) clearway, you can't claim a defence of "I didn't see the sign". Whereas if someone punches you and you punch them back, you can claim the defence of self defence.

    I'm not sure if I'd absolutely agree that damage done by cattle attaches strict liability, e.g. if the cattle were well secured and a third party open the gate and drove them into the garden.


  • #10
    goat2
    Registered Users Posts: 4,939 ✭✭✭goat2


    Sneachta wrote: »
    Thanks for replies folks,
    He will be talking to the farmer at the weekend again.
    He was told by someone else (not a solicitor) that if the gate was open its hard luck.
    The damage is quite substantial and will cost quite a lot of money to put right.
    i dont think it will be a good thing bringing a solicitor into this situation with your neighbour, it will take what ever trust of neighbourly friendship you have away, they will not be very impressed, and this could ruin more than it will fix, i would just fix garden, and close gate in future
    there is a saying
    good neighbours are better than relatives
    hard to get, easy lose


  • #11
    pirelli
    Registered Users Posts: 2,876 ✭✭✭pirelli


    Cunsiderthis wrote: »
    Presumably you could find a different someone else to give conflicting advice?

    I'm not sure "someone else (not a solicitor)" is likely to produce the most accurate interpretation of the law and, in any case, the farmer should be willing to put right any damage done by animals in his care and control, whatever the law says.

    If the farmer is not going to show willing and try to put this right, and hide behing "someone else (not a solicitor)", it indicates you are likely to be dealing with a person of low moral character.

    The farmer is likely of Low moral character. :D

    Wow! How did you deduce this Cunsid. I have to try out the stuff in the headshop chaps are on nowsdays or am i jumping to conclusions.


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  • #12
    CantGetNoSleep
    Registered Users Posts: 7,205 ✭✭✭CantGetNoSleep


    Joe Duffy is normally the first port of call for cases like this


  • #13
    Cunsiderthis
    Closed Accounts Posts: 471 ✭✭Cunsiderthis


    pirelli wrote: »
    The farmer is likely of Low moral character. :D

    Wow! How did you deduce this Cunsid.

    The farmers cattle caused damage. The farmer refuses to accept that it is his responsibility, either moral or legal, and hides behind what "someone else" has told him to wiggle out of trying to put right the damage which his animals caused.

    Sounds to be of poor moral character to me. The correct thing to do is to apologies to the person whose garden has been damaged, and offer to try to put it right. The incorrect thiong to do is to claim that you are not responsible for your animals, and that any danage they do,when supposed to be under your control, is nothing to do with you.


  • #14
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Your solicitor can tell you about the tort of cattle trespass and you can have him take district or circuit court proceedings to recover the damage done to your land.


  • #15
    pirelli
    Registered Users Posts: 2,876 ✭✭✭pirelli


    Cunsiderthis wrote: »
    The farmers cattle caused damage. The farmer refuses to accept that it is his responsibility, either moral or legal, and hides behind what "someone else" has told him to wiggle out of trying to put right the damage which his animals caused.

    Sounds to be of poor moral character to me. The correct thing to do is to apologies to the person whose garden has been damaged, and offer to try to put it right. The incorrect thiong to do is to claim that you are not responsible for your animals, and that any danage they do,when supposed to be under your control, is nothing to do with you.

    Cunsiderthis are you the owner of the garden or involved in this incident in someway that you have knowledge or facts not available in this thread.

    As far as I can decipher there is nothing to indicate the "someone else " ( person who advised the OP) is a local in cahoots with the farmer. It would seem they are just friend or colleague and might not even be local. I cannot see the reason to attack the farmers moral character.

    cunsiderthis are you still in your basement standing on your head while reading boardsie all the while playing metalica backwards with headshop firelogs fuming away in the background.


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