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A cow in the garden

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Comments

  • #32
    runawaybishop
    Registered Users, Registered Users 2 Posts: 9,523 ✭✭✭runawaybishop


    Little CuChulainn wrote: »
    I said they won't



    They will in fact just move it to the closest green area. I guess you could call that a safe place if you want. They have no contact details for farm owners and no way of tracing a particular owner nor do they have a way to impound cows. It's not a matter of unwillingness, it's simply a lack of capability. Although it is funny to see the Dublin born Gardaí trying to shoo a cow off a road.

    Yes, that would be called a safe place. The correct thing to do is call the gardai.


  • #33
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    conorh91 wrote: »
    But if a cow is simply rollicking down the public road and bangs into an oncoming truck, I think I am correct in saying that negligence on behalf of the farmer must be proven if he is to be liable. Someone else might want to disagree or confirm that.

    Is the negligence not proven by the animal "rollicking down the public road" instead of being controlled properly by the farmer? The farmer must keep their animals under control whether they are in a field grazing or being moved on the public road, obviously if some other person opens a gate and allows animals out onto the road the farmer can be liable only if this type of incident has happened before and they have not taken precautions such as locking gates.


  • #34
    conorh91
    Registered Users, Registered Users 2 Posts: 3,328 ✭✭✭conorh91


    foggy_lad wrote: »
    The farmer must keep their animals under control whether they are in a field grazing or being moved on the public road,
    The law on the driving of cattle is more generous to farmers than the law on roaming cattle.

    It's a necessity: Irish farms tend to quite particulate, subdivided by public roads. Accessing the roads is a common requirement and the farmer enjoys broad protection from liability, unless the cattle are only roaming, in which case the householder enjoys greater protection.

    The above are very straightforward principles, no need to get into complicated questions about negligence.

    Traffic collisions have no direct relationship with the use of land. It's purely a negligence issue, more complex. It's not difficult to imagine a situation where a farmer would, and should, avoid liability (moving his cattle, signage erected, driver not taking care on a country road, etc)


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