04-15-2015, 06:26 PM
[quote castnshoot]Regarding the liability concerning livestock.
It means a black cow at midnight has a greater right to stand as an impassable obstacle in the middle of a desert highway than you do to drive down that road. That's right, if you plow into a 2000-pound bull on a public road, you (or your estate) owe the livestock owner for the lost bull. Nobody owes you for lost or damaged property, income, limb or life. ""
By the way if you hit a cow on a road any where in Utah, and that road has a yellow road sign with a black cow on it you are liable for all damages to yourself and the cow. Even if both sides of the road are fenced.[/quote]
There's some truth in what you wrote, but some inaccuracies as well.
From the ACTUAL law:
41-6-38. Livestock on highway -- Restrictions -- Collision, action for damages
(1) A person owning or in possession or control of any livestock may not willfully or negligently permit any of the livestock
to stray or remain unaccompanied by a person in charge or control of the livestock upon a highway, both sides of which are adjoined by property which is separated from the highway by a fence, wall, hedge, sidewalk, curb, lawn, or building. This subsection does not apply to range stock drifting onto any highway in going to or returning from their accustomed ranges.
(2) A person may not drive any livestock upon, over, or across any highway during the period from half an hour after sunset to half an hour before sunrise, without keeping a sufficient number of herders with warning lights on continual duty to open the road to permit the passage of vehicles.
(3) In any civil action brought by the owner, operator, or occupant of a motor vehicle or by their personal representatives or assignees, or by the owner of the livestock for damages caused by collision with any domestic animal or animals on a highway, there is no presumption that the collision was due to negligence on behalf of the owner or the person in possession of livestock.
If someone hits one of your cows and has massive medical bills, the law doesn't shield you from a lawsuit. Not a gamble I'd want to take.
The law says absolutely NOTHING about a spooked cow being the financial responsibility of a fisherman or anyone else on the river. It'd be pretty tough to prove that it was definitely a fisherman and not some external actor that spooked the cow.
Let's stick with the facts and not try to use legal scare tactics, especially false information.
There is plenty of room for compromise here. We need enforcement of the current laws to keep the idiot litter-bugs and trespassers out of these beautiful areas. Fisherman have a vested interest in preserving these areas.
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It means a black cow at midnight has a greater right to stand as an impassable obstacle in the middle of a desert highway than you do to drive down that road. That's right, if you plow into a 2000-pound bull on a public road, you (or your estate) owe the livestock owner for the lost bull. Nobody owes you for lost or damaged property, income, limb or life. ""
By the way if you hit a cow on a road any where in Utah, and that road has a yellow road sign with a black cow on it you are liable for all damages to yourself and the cow. Even if both sides of the road are fenced.[/quote]
There's some truth in what you wrote, but some inaccuracies as well.
From the ACTUAL law:
41-6-38. Livestock on highway -- Restrictions -- Collision, action for damages
(1) A person owning or in possession or control of any livestock may not willfully or negligently permit any of the livestock
to stray or remain unaccompanied by a person in charge or control of the livestock upon a highway, both sides of which are adjoined by property which is separated from the highway by a fence, wall, hedge, sidewalk, curb, lawn, or building. This subsection does not apply to range stock drifting onto any highway in going to or returning from their accustomed ranges.
(2) A person may not drive any livestock upon, over, or across any highway during the period from half an hour after sunset to half an hour before sunrise, without keeping a sufficient number of herders with warning lights on continual duty to open the road to permit the passage of vehicles.
(3) In any civil action brought by the owner, operator, or occupant of a motor vehicle or by their personal representatives or assignees, or by the owner of the livestock for damages caused by collision with any domestic animal or animals on a highway, there is no presumption that the collision was due to negligence on behalf of the owner or the person in possession of livestock.
If someone hits one of your cows and has massive medical bills, the law doesn't shield you from a lawsuit. Not a gamble I'd want to take.
The law says absolutely NOTHING about a spooked cow being the financial responsibility of a fisherman or anyone else on the river. It'd be pretty tough to prove that it was definitely a fisherman and not some external actor that spooked the cow.
Let's stick with the facts and not try to use legal scare tactics, especially false information.
There is plenty of room for compromise here. We need enforcement of the current laws to keep the idiot litter-bugs and trespassers out of these beautiful areas. Fisherman have a vested interest in preserving these areas.
[signature]