• Four Angus cattle escaped from a pasture and were hit by a train.
  • The railway company estimated the damage at around 110 thousand euros and demanded money from the farmer.
  • The court ruled that a properly functioning electric fence can be sufficient protection for cattle.

Four cattle escaped straight onto the tracks

The case concerned four young Angus cattle that escaped from a pasture on 5 January 2006. The day before, the animals had been separated from their mothers. At some point, the cattle got out beyond the fence and ran toward the railway line, about a kilometer from the pasture.

The animals entered the tracks and were hit by a passenger train. No people were injured in the incident, but the damage to the train was estimated at around 110 thousand euros. The railway company later demanded compensation from the farmer, arguing that he had not secured the animals properly.

Court: electric fencing was sufficient

The case went before the Higher Regional Court in Munich. In its judgment of 15 January 2010, case no. 10 U 5748/08, the court dismissed the railway operator’s claim.

The condition of the fence was decisive. The findings showed that the electric fence in place was working properly, had been inspected, and had no structural defects. The court also noted that the pasture was not directly next to a busy road and that no unusual stimuli were found in the surrounding area that could obviously have prompted the cattle to escape.

The judges therefore found that the farmer had met the standard expected of a reasonably diligent livestock farmer. 

A farmer does not have to build a fence that cattle can never get through

A very important part of the ruling was the finding that a livestock farmer is not required to build a fence that, under all possible conditions, absolutely prevents animals from escaping.

The court referred to how an ordinarily diligent cattle owner would have acted in similar circumstances. In practice, this means that liability does not arise automatically just because animals have strayed beyond the pasture.

Factors include, among other things, the type of cattle, how they are kept, the design of the fence, its technical condition, how regularly it is inspected, and the hazards in the surrounding area.

The case also examined whether the farmer should have used a stronger fence. However, the expert opinion indicated that even barbed wire or a more substantial structure might not have stopped panicked animals. They might only have delayed their escape.

The court also drew attention to cattle welfare. Using a more aggressive fence solely to keep panicked animals in at all costs could increase the risk of injuring them.

Separation from the mothers did not decide the case

The railway operator also sought to show that the escape may have been caused by separating the young cattle from their mothers. However, the court did not find that, in these specific circumstances, the farmer had breached the rules on proper care.

The cows were in another pasture, about 600 meters away. According to the findings, the animals could not see, hear, or smell one another. No problems with the welfare of the young cattle were identified either. The animals had sufficient feed and water, as well as enough space.

After discovering the escape, the owner and his employee began searching for the cattle and trying to catch them. About 40 minutes passed between the cattle leaving the pasture and the accident. During this time, efforts were made to secure the animals again.

The court found that, in this respect too, no obvious negligence could be attributed to the farmer.

When is a livestock owner liable for damage caused by cattle?

The ruling was based on § 833 of the German Civil Code. In the case of farm animals, the owner can avoid liability if they prove that they exercised the required level of care in supervising and securing the animals. In this case, the farmer was able to demonstrate this.

The court found no defects in the fence or irregularities in its inspection. Nor was there evidence of any other circumstances that should have prompted the farmer to take additional security measures. As a result, the farmer did not have to pay about 110 thousand euros for the damage caused when the train collided with the cattle.

Source: agrarheute.com