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When the Cows Get Loose - Large Animal Fencing & Potential Liability for Farmers |
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Those who care for large animals whether cows, horses or even buffaloes know that fencing is important protection for both the animals and those around them. Fences keep the animals from wandering on roads or in neighbor’s yards where accidents can and unfortunately, do occur.
Minnesota Statute §344.02, subd.1(a) provides the definition for what is considered “legal and sufficient fences.” It states:
Fences with at least 32-inch woven wire and two barbed wires firmly fastened to well-set posts not more than one rod apart, the first barbed wire being above and not more than four inches from the woven wire and the second barbed wire being above and not more than eight inches from the first wire. (emphasis added)
The point of emphasis is that the statute requires at least two strands of barbed or woven wire, along with well-set posts to create a fence that meets the statutory standard. If your fence consists of only one wire, even if that one wire is electrified, it does not meet the standard set forth above.
The matter of fences came into play in a recent case where a herd of cattle escaped from their enclosure in the middle of the night. Somehow the cattle ran down the one-stranded fence the farmer had electrified. The cattle wandered onto a nearby highway, where one of them was struck and killed by a semi-truck. Fortunately, no one in the truck was injured. However, there was substantial property damage done to the truck. Repairs cost the trucking company over $10,000.00.
In the lawsuit that followed, the farmer was found to be liable for the damages to the truck, because, in part, he had not put up the required two strands of fencing to keep the cattle contained. The court noted that the farmer had breached his duty of reasonable care by constructing the cattle enclosure with only one strand of fencing with no back-up fencing in case the electrical strand failed in any way. Although no cows ever had escaped from the fenced-in area before, the farmer knew that the cattle had a tendency to bunch up near an automatic waterer, which could contribute to the cows running down the one-stranded electric-wire fence.
The lesson learned in this case was that two strands of fence are always better than one. While the cows might possibly still have escaped, the court may not have found the farmer liable, if he showed that he took the reasonable steps that any farmer should to keep his large animals from escaping and causing damage to vehicles using nearby public roadways.
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