Are Farmers Liable for Escaped Livestock?

According to USDA statistics, there are somewhere around 4 million head of cattle, hogs, sheep, and goats in Ohio. As anyone knows who has been around livestock, a few of those 4 million head are currently outside of their pen or pasture, unbeknownst to their owner. In the legal world, we call these animals “at large.” Inevitably, some of these escaped animals will cause mischief, whether that means ruining a neighbor’s crops or damaging a vehicle on a highway. The question becomes: is the owner of the animal liable for the resulting damages?

As with most legal issues, the answer depends on the situation. Ohio law (ORC 951.10)  does not automatically make a livestock owner liable any time animals escape. Instead, the law says the owner is liable if they negligently allow livestock to run at large. Importantly, when livestock are found loose, the law initially assumes the owner was negligent unless the owner can prove otherwise. The owner of the animal has an opportunity to rebut, or disprove, the assumption of negligence.

Let’s use the following example to explain:

A farmer owns a herd of beef cattle. During the night, his cattle get out of their pen and wander into a nearby road. A motorist hits one of the cows, causing significant damage to the vehicle.

Because the cattle were out, the presumption is that the farmer was negligent in some way by allowing the cattle to be at large. Thus, the farmer is presumed to be liable for the damage to the car. However, the farmer is able to show video from his security cameras that a trespasser entered onto his property, unchained the gate, and opened the pen during the night. The farmer has strong evidence to rebut the presumption of negligence and will likely not be liable for the damage.

Some other examples of when a livestock owner may be able to rebut the presumption of negligence include:

• A healthy tree is blown over by a thunderstorm onto a fence, allowing livestock to escape.
• A tornado damages a barn, allowing livestock to escape.
• A driver loses control of their vehicle on a public road, crashes through a properly maintained pasture fence, and leaves a gap that allows livestock to escape before the owner can be notified or react.
• A utility worker enters a pasture and fails to properly secure the gate upon leaving.

Because these cases often depend on evidence showing what caused the escape, documentation can be critical. Fortunately, modern technology can help livestock owners prove they exercised ordinary care. Video cameras offer excellent evidence to prove that gates were secured and ordinary care was taken. While covering an entire property is usually not feasible, installing cameras at high-traffic areas or main gates is a good idea. As an added benefit, these systems — which are increasingly affordable and user-friendly — serve as a strong deterrent against theft, trespassing, and property damage.

While Ohio law assumes a livestock owner is liable for damages caused by escapted animals, it also provides the owner an opportunity to rebut that presumption by proving they exercised ordinary care. Overcoming this assumed negligence can be an uphill evidentiary battle, but strategically placed security cameras and modern technology can provide the definitive proof needed to establish a successful legal defense.