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Farm and Home Insurance in Paris Texas – Would This Be Covered? Part 5
In part 4 of our fictitious insurance scenario about a car accident that occurred as a result of an escaped cow wondering off into the middle of a road, we began to answer the first of two questions raised by the lawsuit that was served to Farmer Shuck by the Wadsworth family.
To refresh your memory, here are those two questions once more:
- Is Farmer Shuck to blame for the car accident?
- If so, will his farm insurance cover the costs of the lawsuit?
This week we will continue to address the first question: Is Farmer Shuck to blame?
In our last entry, we established that, because Bessie the cow was standing on a country road rather than a federal or state highway, the county’s stock law would apply to this situation.
A stock law is a legal limitation on the ability of farmers to allow their livestock to freely roam. It is expected that farmers must keep their farm animals confined.
We also established that the county does, in fact, have a stock law on the books.
Put simply, the Wadsworths must demonstrate that Farmer Shuck was negligent in regards to the keeping of his farm animals.
How might the court determine whether he behaved with negligence?
The plaintiffs would have to prove that Farmer Shuck knowingly allowed his cow to freely roam, a distinction that is based on such things as:
- Evidence of open gates, broken fencing, or a disregard for keeping a closed range;
- Evidence of previous livestock escapes and any actions Farmer Shuck took to improve the situation;
- Low quality fencing that is not fit for normal livestock purposes.
So, did the plaintiffs find evidence of these things after investigating Farmer Shuck? We will look at that in our next entry.
“Car Accidents & Livestock in Roadway | Texas Fence Law.” Rasansky Law Firm. November 17, 2016. Accessed November 15, 2017. jrlawfirm.com/blog/accidents-caused-by-cows-or-livestock-in-texas/.
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