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Who's at fault

  • 06-09-2011 6:11pm
    #1
    dvae
    Registered Users, Registered Users 2 Posts: 335 ✭✭


    I apologies if I'm posting in the wrong forum but i am looking for a bit of advise.
    Earlier on today a load of cattle (12) got into my parents garden and destroyed the whole lawn. There are literally hundreds of holes all over the front and back garden.
    The local farmer who was herding them on the road at the time lost control of them and they all ran straight into the garden and onto the lawn.
    A neighbor of mine was telling me that the responsibility lyes with my parents as it is up to them to keep animals out of there own garden.
    There is a cattle grid at the front entrance which the cattle ran straight over but surly it is not up to my parents to repair the lawn?


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,719 ✭✭✭✭coylemj


    I'd sue the guy who supplied the cattle grid.


  • #3
    knotknowbody
    Registered Users, Registered Users 2 Posts: 262 ✭✭knotknowbody


    coylemj wrote: »
    I'd sue the guy who supplied the cattle grid.

    I would not, in my opinion (I am in no way qualified to give legal advice) the farmer is responsible for keeping his livestock under control when on a public road, I would talk to the farmer and ask him to pay the cost of the repair, maybe he has suitable machinery to do the repairs this would reduce the cost, I would contribute a small amount (maybe 5 -15%) myself as a good will gesture and to keep the peace with a neighbour.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,719 ✭✭✭✭coylemj


    knotknowbody wrote: »
    I would not, in my opinion (I am in no way qualified to give legal advice) the farmer is responsible for keeping his livestock under control when on a public road

    My comment about suing the guy who supplied the cattle grid was tongue in cheek
    knotknowbody wrote: »
    the farmer is responsible for keeping his livestock under control when on a public road, I would talk to the farmer and ask him to pay the cost of the repair,

    I'd imagine if he has a farm policy that it would cover damage caused by cattle. The problem I'd foresee is that it will be below the excess level so the farmer will probably have to fork out cash from his pocket to fix the lawn.
    knotknowbody wrote: »
    maybe he has suitable machinery to do the repairs this would reduce the cost

    A farmer with suitable machinery to repair a lawn? I doubt it.

    doe-with-plough.jpg


  • #5
    TylerIE
    Registered Users, Registered Users 2 Posts: 1,635 ✭✭✭TylerIE


    dvae wrote: »
    I apologies if I'm posting in the wrong forum but i am looking for a bit of advise.
    Earlier on today a load of cattle (12) got into my parents garden and destroyed the whole lawn. There are literally hundreds of holes all over the front and back garden.
    The local farmer who was herding them on the road at the time lost control of them and they all ran straight into the garden and onto the lawn.
    A neighbor of mine was telling me that the responsibility lyes with my parents as it is up to them to keep animals out of there own garden.
    There is a cattle grid at the front entrance which the cattle ran straight over but surly it is not up to my parents to repair the lawn?

    I cant see that as being the case - If the cattle were able to escape into your lawn they could have have escaped into more dangerous locations - e.g. the road, so the farmer Im quite sure is liable.

    Notwithstanding that it would be rare for a country person to seek for their garden to be re-landscaped due to cattle making holes. Its a common occurance in the country and certainly annoying, but probably far too expensive to "fix" properly when it will probably repair itself over time (or with a little clay - it always did in our garden). The farmer may be asked to repair it, but TBH sometimes ya might be better doing it yourself rather than someone digging up your garden!

    That may be why your neighbour stated its your own responsibility - it would be a common "culchie attitude" round where Im from - to the point of farmers expect no claim when their cattle run into or jump onto cars!

    It would be a different story if the cow damaged your fence or broke a window, when the landowner would have an obvious amount to pay.


  • #6
    knotknowbody
    Registered Users, Registered Users 2 Posts: 262 ✭✭knotknowbody


    coylemj wrote: »
    My comment about suing the guy who supplied the cattle grid was tongue in cheek

    Sorry, should have realised this not thinking properly at the moment too tired.

    coylemj wrote: »
    I'd imagine if he has a farm policy that it would cover damage caused by cattle. The problem I'd foresee is that it will be below the excess level so the farmer will probably have to fork out cash from his pocket to fix the lawn.

    Exactly he will be paying from his pocket as it will more than likely be below his excess and he will not want getting insurance involved and causing himself increased premiums in the future.
    coylemj wrote: »
    A farmer with suitable machinery to repair a lawn? I doubt it.

    doe-with-plough.jpg

    Coming from a farming background and having experienced a similar incident most farmers will have equipment that while not designed specifically for lawn repair can be useful for that kind of job and will do a very good job if you know what your doing and use it in an appropriate way.

    Just seen TylerIE post, I had assumed that the OP had already decided they wanted this sorted, like TylerIE the normal procedure round my way would be to fill the biggest holes yourself with clay maybe rake the divots off the worst affected area and let it fix it self after that. If the OP wants the farmer to sort this they should pay some of the cost even though the farmer is fully liable, as they are going against normal procedure and I assume do not to have bad relations with a neighbour.


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  • #7
    dvae
    Registered Users, Registered Users 2 Posts: 335 ✭✭dvae


    TylerIE wrote: »
    It would be a different story if the cow damaged your fence or broke a window, when the landowner would have an obvious amount to pay.

    To be honest if it was just a fence or even a window it would not be so bad.I have had cattle in my own garden and filled holes many times with clay but this is a different story.
    We have had a lot of rain over the last few days and the ground is pretty soft. The lawn is totally ruined with hundreds of holes and turned up clay and mud.
    The problem is the farmer tried to herd them down the road on his own.
    The probable reason for the lawn been so bad is because the farmer spent about 10 minutes chasing them around the garden with only me Mam roaring at him for help.


  • #8
    TylerIE
    Registered Users, Registered Users 2 Posts: 1,635 ✭✭✭TylerIE


    dvae wrote: »
    To be honest if it was just a fence or even a window it would not be so bad.I have had cattle in my own garden and filled holes many times with clay but this is a different story.
    We have had a lot of rain over the last few days and the ground is pretty soft. The lawn is totally ruined with hundreds of holes and turned up clay and mud.
    The problem is the farmer tried to herd them down the road on his own.
    The probable reason for the lawn been so bad is because the farmer spent about 10 minutes chasing them around the garden with only me Mam roaring at him for help.

    Ah k I get ya,

    Id used the window etc as its a straightforward easy fix - ya just pay for repair/replacement.

    Just the only way to "properly" have the farmer fix the garden is to pay for it to be landscaped - which is both expensive and probably undesirable for your family.

    And depending on the farmer could result in permanent bad blood if he has to pay for it...

    Its awful annoying, just what remedy would you hope the farmer to give?


  • #9
    aacs
    Closed Accounts Posts: 21 ✭aacs


    I expect here the farmer should be asked to compensate for the loss atleast to some extent. Otherwise it will be like you have to live with constant fear of dealing with one more uncivilized being. He need to fix his habits which won't until someone points out to him.
    And depending on the farmer could result in permanent bad blood if he has to pay for it...
    Yes, it's a cause of concern as well here, so involving local police might help.


  • #10
    coylemj
    Registered Users, Registered Users 2 Posts: 25,719 ✭✭✭✭coylemj


    aacs wrote: »
    Yes, it's a cause of concern as well here, so involving local police might help.

    How to permanently fall out with your neighbour: phone the Gardai when a few cattle run amok and damage your lawn.

    I'm sure there probably is an offence somewhere about driving cattle without appropriate manpower for the number of cows but the last thing the OP should do is involved the Gardai, at least if he wants some co-operation from the farmer to get the lawn fixed.


  • #11
    aacs
    Closed Accounts Posts: 21 ✭aacs


    It's all upto how OP deem things fit for him. Obviously it's a last resort reserved for extreme situation like worry mentioned above. If the farmer is co-operative enough than their is no serious problem left...


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  • #12
    mari2222
    Registered Users, Registered Users 2 Posts: 568 ✭✭✭mari2222


    what do your local byelaws say about the control of animals?


  • #13
    aacs
    Closed Accounts Posts: 21 ✭aacs


    Responsibility lie with farmers to keep their animals under control but it is often leniently applied as it is always happen in farmer case.


  • #14
    Billy Bunting
    Registered Users, Registered Users 2 Posts: 2,842 ✭✭✭Billy Bunting


    Why do farmers have cattle trailers :rolleyes: they shouldn't be driving them on a public road, if he was at all willing to fix it i would step easy but if he just walks away then tuff luck "neighbour" i'm gona be gunning for him.


  • #15
    Skatedude
    Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    He's is liable, its required to have 2 people hearding cattle on a road, one person in front, one behind


  • #16
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    coylemj wrote: »

    the farmer will probably have to fork out cash from his pocket to fix the lawn.

    The o/p will be waiting till the cows come home for that to happen!


  • #17
    coylemj
    Registered Users, Registered Users 2 Posts: 25,719 ✭✭✭✭coylemj


    Jo King wrote: »
    The o/p will be waiting till the cows come home for that to happen!

    Agreed, but when the cows are passing his place on the way home, hopefully the OP will have the gates closed this time ;)


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