The Situation–
Dr. Ditto is an up-and-coming rancher. He has 30 head of livestock which includes a very bad-tempered bull named Gus.
Gus broke through a fence and was hit by a vehicle causing significant damage to a Ford F-150.
The Question – is Dr. Ditto liable for the damage to the Ford F-150?
The Law–
Definitions First:
- Open-Range– Livestock may roam freely. Landowner not required to fence in livestock.
- Closed Range – Livestock may not roam freely. Landowner must fence in livestock.
Texas is by default an open-range state, but these two (2) things will change the open-range status into closed-range:
- A County Adopting a “Stock Law”
which says certain animals cannot roam freely within a county and the landowners must prevent them from doing so. - US and State Highways.Land along US and state highways are considered closed-range land. Landowners may not “knowingly permit” the animal to roam free.
Erath County has adopted a Stock law.
Parker County has adopted a Stock law.
The Answer–
If the County has adopted a Stock law, Dr. Ditto will be liable if he “permitted” Gus to roam freely.
If Gus was hit by the pickup on a US and state highway, then Dr. Ditto will be liable if he “knowingly permitted” Gus to get on the road.
Everything depends on the facts surrounding the escape of Gus from the ranch.
PS Gus is doing fine – he is one tough bull.