Consulting with property insurance agents and your attorney are recommended to help identify the appropriate amount of liability insurance to carry on a farm. (2) Subject to the Range Act, this Act and a rule made by a bull control committee for a bull control area, a livestock owner may allow the owners livestock to. Producers in all areas of Nebraska are encouraged to properly maintain their fences along public roadways.Ĭattle producers are also encouraged to carry a general farm liability insurance policy for protection against lawsuits resulting from accidents involving agricultural property. the ranch of origin to a licensed livestock market or shipping directly to a. A 1995 Nebraska Supreme Court ruling that a jury could infer negligence from a cow’s presence on the road was reversed by the Nebraska Unicameral in 2001.Įxamples where producers might be found negligent in this kind of case include if the fences were not being maintained, a gate was being left open, or a prior history had been established about cattle continually getting out on the public roadways and not doing anything to correct the problem. The open range states reverse the duty to fence in livestock and allow livestock to roam in certain remote parts of the state while requiring other. If any cattle are of dairy breed, they must meet dairy breed requirements. In some of the more vast areas, fences haven’t yet been built but the rancher still has rights to range on the land. But the West is more wild, rugged, open and laid back. Significantly, the fact that the cattle were on the highway is not in itself evidence of negligence. Within most places in Canada and the eastern United States, owners are required to fence in their livestock. In this case the plaintiff must prove the owner of the cattle (the defendant) is responsible for or negligent in allowing their cattle be out on the roadway. Amounts sought for damages may reach large amounts depending upon the collision or personal injury.Īccording to current Nebraska law, in the event a producer faces a civil lawsuit from cattle getting out on a roadway and causing personal injury or property damage, the burden of proof in the case rests upon the individual initiating the suit (the plaintiff). Occupants involved in a motor vehicle collision may seek damages to compensate for personal injury or property losses experienced during the accident. Sonoma County LISA BUSH is a rangeland management consultant. Motor vehicle accidents involving cattle on public roadways may cause personal injury or property damage to the vehicle. Cooperative Extension livestock and range management advisor and UCCE county director for. Nebraska cattle producers face liability risk when their cattle get out onto public roadways in the state. In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Red Desert rangeland in Wyoming Open Range sign along southbound U.S. Photo courtesy of Troy Walz.īy Jim Jansen, UNL Extension Educator and Dave Aiken, UNL Agricultural Law Specialist Tools Not to be confused with Free range. Producers in all areas of Nebraska are encouraged to properly maintain their fences along public roadways.
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