Agricultural Law - Farmers

[Guest]

Hi All

Last month my 1 year old dogs decided that they would run off

Although I did not see them, I did get a call from the farmers wife who called me to say that the sheep had been chased off the hillside to their death and one mauled lamb

The farmers wife had held the dogs and when I went to pic them up, there was no blood on their being

The farmer told me that this was the third time he had sheep killed and last time he went to court he received no money

My main concern is that the farmers perimeter fence was not secured and left the sheep exposed to not just my dogs frightening them, but to other types of animals attacking them

Does anyone know of what the liabilities are on both sides?

Best regards

Derek

[jaguarsuk]

Compensation for injuries suffered to livestock is mainly governed by the Animals Act 1971. Where a dog causes damage by killing or injuring livestock, any person who is a keeper of the dog is strictly liable for the damage. This means that the liability will fall on the dog owner without the need to make a finding of fault. As such, the law is slanted in the farmer’s favour.

The farmer however needs to exercise his duty of care to keep his live stock under control not just for their safety in relation to other animals, but also road users and other agricultural vehicles. It's probably the reason he lost his previous claim.

You're actually lucky he didn't shoot the dogs as the Act provides a statutory defence to farmers who injure a dog in order to protect their livestock. But, to be able to rely on the defence, farmers will need to demonstrate that:

(a) there are no reasonable means of preventing the worrying (or the dog has been worrying livestock);

(b) the dog has not left the vicinity;

(c) the dog is not under an individual’s control; and

(d) There are no practicable means of ascertaining its owner. What constitutes the necessary practical steps will depend on the circumstances, but it could extend to trying to ascertain whether anybody in the immediate vicinity is the owner, and who would have the ability to bring the dog back under control.

[des8]

If you have home insurance that includes public liability it is possible that damage caused by your pets to third parties is covered.

Whether or not the farmer has warned you that he will be seeking compensation from you, you should advise your insurers of a possible claim.
Whether or not it s covered (if you have PL insurance) will depend on the wording of the policy