A horse or cow Injury accident on the road in Oklahoma can have devastating consequences. Those consequences can involve both personal injury and damage to your vehicle. Oklahoma has a lot of rural lands that are used for ranching and farming. Livestock like bulls, cows, and horses occupy a lot of real estate all throughout Oklahoma. If an animal’s owner isn’t careful and responsible, a large animal might escape from a fenced-in area. When this happens, people who are injured in the accident need to know whether they can collect damages from the farmer who owns the cow.
Oklahoma Law Makes It A “Fenced-In State”
Unlike some states in the West that allow for open-range ranching our state is different. Oklahoma law requires that owners of livestock keep their animals secured behind fences. This is due to avoid livestock getting onto public roads or neighbors’ properties. If an animal escapes the fenced area and causes damages in a car crash, the land owner can be responsible. This is for the damages to your body and your car. In some cases of extreem negligence you may be entitled to puntative damages. But like all injury cases you must show that they were negligent or irresponsible in how they secured their animal. To help avoid a horse or cow injury accident they are required to secure the livestock to avoid harm to others.
Negligence and Cattle Accidents
Oklahoma law says that an animal that escapes from its fenced area and causes agricultural damage to another property owner will lead to what is called strict liability for the owner. This means they are liable for agricultural damages caused no matter what caused the animal to escape. The rule is different for cases where the animal is involved in a car accident. In a car accident, the person bringing the claim has some dos and donts. They must also must show that the animal’s owner was negligent. This negligence extends to letting the cow escape onto a road where it got involved in a car wreck.
Court cases in Oklahoma have established that owners of domestic animals are responsible for damages they cause. Proof of negligence can take the form of the owner’s history of letting the animal get loose in the past. It is also shown by them failing to properly maintain fences or gates so that the animal could not escape.
Proving The Facts
Before anyone who is injured in a car wreck caused by a loose cow can recover damages against the animal’s owner, they must prove that the owner failed to use reasonable care to contain the animal on their property. Negligence can be shown by testimony from neighbors or photographs. This eveidence must show faulty fences or other lack of adequate containment measures that let the animal get out. We can also use proof of a history of careless owners who let animals wander and dont maintain fenses.
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Tulsa Livestock Injury Attorneys Near You
Because you must first prove that the animal owner was negligent in letting the animal escape from their property, the guidance of skilled legal counsel in building your case is critical. You can recover damages for injuries caused in a wreck with a cow on the road, but only if you first show that the cow’s owner didn’t do all they needed to do to contain the animal securely. The Tulsa personal injury attorneys at Kania Law Office understand what is required to get the best result in your legal matter. Call 918-743-2233 or contact us online for more information and to schedule a consultation.