When livestock stray who pays for the damage?

Question: I read with interest the recent court report in the Irish Farmers Journal of a stock owner who had to pay for damage to a neighbour’s lawn. I have a very awkward neighbour who is constantly complaining that my heifers are interfering with his hedges, and I would be frightened of the level of compensation he could claim if my animals broke in. Surely once the fence is stock-proof, he is not entitled to claim from me?

Answer: In a recent case at Ennis District Court, a judge stated that cattle owners and property owners have an obligation to maintain their boundaries to ensure that their cattle do not cause damage to their neighbour’s property.

The judge made her comment before awarding €895 to the homeowner to reimburse him for the cost of a landscaper. This was to restore the lawn after damage was caused by the farmer’s cattle when they came into the lawn last summer.

Duty of stock owner

Many civil claims are brought forward as a result of damage caused to neighbouring properties by farm animals straying on to the adjoining property.

While the onus of proof primarily lies upon the owner of the adjoining property who is alleging negligence, once evidence is given in a case that animals had wandered on to a property and the owner was in a position to identify the owner of the animals, then there is a case to be answered by the farmer.

At this point, there is a presumption that the farmer was negligent and he must prove on the balance of probabilities that he had taken such care as was reasonable to see that damage was not caused by his animals escaping from his lands on to the neighbouring lands. There is an onus on the stock owner to keep his animals in.

So long as the farmer is able to show that he took reasonable care by having adequate fencing and a locked gate (if the circumstances require), they are not required to prove how the animal came to be on the property, for example, whether the animal jumped the fence or whether a gate was left open by some unknown person.

The condition of the fencing and gates leading into a farmer’s premises are carefully considered in any action in order to determine whether the defendant farmer had exercised reasonable care in maintaining his fences in a stock-proof condition and had taken all reasonable steps to ensure that his stock did not stray on to the neighboring property.

It is also worth highlighting that Section 8 of the Animal Health and Welfare Act, 2013 imposes a prohibition on farm animals straying. It provides that a person, who has a farm animal in their possession or under their control, should take all reasonable measures to ensure that the animal is unable to stray from the land where it is kept.

The condition of the fencing and gates leading into a farmer’s premises are carefully considered in any action in order to determine whether the defendant farmer had exercised reasonable care in maintaining his fences in a stock-proof condition

Further, it provides that all buildings, gates, fences, etc used to contain the animal should be constructed and maintained in a manner that minimises the risk that the animal will stray.

An offence under the Act may be prosecuted summarily by the Minister for Agriculture, the local authority or a member of the Garda Síochana and is punishable by a fine not exceeding €5,000.

Most farmers carry public liability and employer’s liability insurance.

In many cases farm public liability insurance already covers damage to a neighbour’s property caused by your livestock. You do not necessarily need a separate livestock policy for that.

Insurance matters

Farm public liability insurance typically covers your legal liability for damage to third-party property such as a neighbour’s fence, crops, car, etc.

Injury or damage caused by your animals are generally covered as long as you were not negligent in a way that voids that policy. Livestock insurance is typically an optional extra and can be expensive. It is generally not about third-party damage – instead it covers death of animals (disease, accident), theft and sometimes loss of value.

I would suggest that you check the fencing and ensure it is reasonably maintained and appropriate to the stock being contained in the field. You should also review your insurance to ensure that you are covered.

Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors does not accept responsibility for errors or omissions howsoever arising. Email ameehan@farmersjournal.ie