Landowners are Accountable
“If the cattle owner or landowner knew—or should have known—that their fencing was inadequate, they may be liable for damages,” she stated.
These damages can include vehicle repairs, cargo loss, medical expenses, and lost income.
“Farmers have a legal duty to contain their animals,” she said. “When fences are poorly maintained or gates are left open, livestock can escape—and that puts everyone on the road at risk.”
“While open range laws in some provinces or states may offer landowners or cattle owners more protection, Eckert noted that near highways and populated areas, at least in the US, the expectation is clear: animals must be securely enclosed. Each state (or province in Canada), has laws specific to containment, and it’s best to obtain a legal opinion where the incident occurred.”
Negligence is the key factor. “If the escape was due to ongoing disrepair or a history of similar incidents, rather than something unforeseeable like a lightning strike, the chances of a successful claim are much stronger,” Eckert explained.
If You Hit Livestock On The Road
A collision with livestock can be financially devastating if it happens to you. Downtime, repairs, lost equipment, and missed delivery deadlines all add up quickly.
Eckert encouraged drivers to understand their rights. “You may be able to recover damages from the landowner’s insurance, rather than your own,” she said. “Farmers who neglect their duty to contain animals can be held responsible under the law.”
She also urged continued vigilance on rural roads. “These collisions are preventable. Holding negligent livestock owners accountable isn’t just about protecting your business—it’s about making our roads safer for everyone.”
- Document the scene (photos of fencing, gate, animal);
- Contact law enforcement and animal control;
- Research the farm’s incident history;
- Consult a transportation-focused attorney.
What Farmers Can Do to Protect Themselves—and Others
Eckert emphasized that farmers have a legal duty to contain their animals, especially near public roads. To reduce the risk of collisions and potential liability, she recommended the following proactive steps:
- Inspect and Maintain Fencing Regularly -- Ensure all perimeter fencing is secure, upright, and free of damage. Look for sagging wires, broken posts, or areas where animals have previously escaped.
- Secure Gates Properly -- Gates should be latched and locked when not in use. Consider installing self-closing mechanisms or alarms for high-traffic areas.
- Document Repairs and Maintenance -- Keep a log of fence inspections, repairs, and upgrades. This documentation and supporting photos can be valuable if a legal claim arises.
- Respond Promptly to Escapes -- If livestock escape, act quickly to retrieve them and repair the breach. Notify local authorities if animals are loose near public roads.
- Know Your Legal Responsibilities -- Laws vary by region. Farmers are generally required to contain livestock near public roads. Open range laws may apply—but even then, negligence can still lead to liability.
- Talk to Your Insurance Provider -- Make sure your farm insurance policy includes coverage for livestock-related incidents. Ask about liability protection and what documentation may be required in the event of a claim.
As the lead attorney, Kelsea Eckert oversees all the downtime claims handled by Eckert & Associates, PA. She’s seen it all in her more than 35 years as a lawyer, primarily working in the transportation industry. Helping small businesses stand up to the big insurance companies makes the job meaningful for her because she’s a big believer in the value of small businesses and thinks they should receive the same treatment as the big guys.
The information in this article is general in nature and does not constitute legal advice.