Cattle Wander onto Interstate and Cause 3 Crashes
According to the article, a large herd of cattle escaped from a North Dakota pasture and wandered onto an interstate highway, causing a semi to overturn and resulting in the deaths of 25 of the animals.
The North Dakota Highway Patrol said the cattle walked out of a pasture adjacent to Interstate 94 near Driscoll and congregated under an overpass. A semi hauling refrigerated produce hit the herd, causing the truck to overturn and leading to a small fire that was quickly extinguished. The driver escaped injury.
A short time later, another vehicle struck the cattle. The driver was hospitalized with cuts and bruises.
A third vehicle then struck the cattle. All four people in the car, two adults and two children, were taken to a hospital for evaluation.
The crashes forced the interstate to close for several hours.
Discussion Questions
1. Please refer to the material included in Teaching Tip 1 of this newsletter (more particularly, “Herd Laws and the Open Range Doctrine: Livestock Owner Liability” and “North Dakota Century Code Chapter 36-11—Trespass of Livestock.”) In terms of the theories of owner liability for wandering livestock in North Dakota, what is the common law? What is strict liability theory? What is negligence theory?
As indicated in the material included in Teaching Tip 1 of this newsletter, the common law (law created by the courts) established a rule that a person who keeps animals likely to roam has the duty of fencing them in, and that a person’s neighbors are not required to fence out roaming livestock. Under the common law, the owner of livestock not only has a duty to fence the livestock in, but the owner is also strictly liable for any damage caused by the livestock. Strict liability means liability without fault; in other words, liability without regard to whether the defendant either intended to cause harm or was negligent in causing harm. Negligence theory is based on the failure to do what a reasonable person would have done under the same or similar circumstances. The elements of negligence are as follows: (1) The defendant owed the plaintiff a duty of care; (2) the defendant breached the duty of care; (3) the defendant caused the plaintiff’s harm; and (4) the plaintiff experienced damages as a result.
2. Please refer to the material included in Teaching Tip 1 of this newsletter (more particularly, “Herd Laws and the Open Range Doctrine: Livestock Owner Liability” and “North Dakota Century Code Chapter 36-11—Trespass of Livestock.”) In terms of owner liability for wandering livestock in North Dakota, what are the present-day standards and exceptions?
As indicated in the article, the present-day standards vary based on the state, and even within each state. North Dakota, for example, allows for designated “grazing areas,” and the owner of livestock in these grazing areas has limited or no liability for any damage caused by livestock in those areas. In other areas, North Dakota has retained the common law rule of strict liability, with exceptions such as cattle straying onto highways outside of grazing areas (where the negligence standard applies).
3. Based on your review of this article, as well as the material included in Teaching Tip 1 of this newsletter, is the owner of the cattle responsible for the damages to the occupants of the three vehicles that struck the cattle on Interstate 94? Why or why not?
Unless the area where the accident occurred was a North-Dakota-designated “grazing area” (unlikely, since the accident occurred on Interstate 94!), the standard here is one of negligence (As indicated in the article and in response to Article 3, Discussion Question 2, the negligence standard applies to cattle straying onto highways outside of grazing areas). Further evidence would have to be discovered and considered regarding whether the defendant owed a duty of care to the injured parties and whether the elements of negligence have been satisfied in this case (For the elements of negligence, please refer to the response to Article 3, Discussion Question 1).