Legal Question in Administrative Law in California
settlement for damaged lawn
I live in a residential area but in the canyon below our houses are cattle. Three cow got loose and came into my yard and two of my neighbors. The cows left large hoof marks throughout the lawn. The owner is willing to fix the lawns but only by piecing them together-leaving uneven terrain. We want the owner to restore the lawns to their original state. He says if we want the entire lawn fixed that he will not pay for it-only a percentage. We explained that the lawns were in good condition and not in need of repair until his cows destroyed them.
What recourse do we have interms of making him do an appropriate repair? There are some areas of lawn that were not touched but fixing only the hoof marked areas will make the lawn uneven and
appearance poor.
What are our legal rights.
1 Answer from Attorneys
Re: settlement for damaged lawn
I learned in law school that trespassing cattle receive what is called a "strict liability" analysis. In other words, you don't have to prove negligence, you only have to show that these were his cattle, and the damage that they did. And that's really where your question lies - damages. Sounds like the rancher knows about strict liability and has offered to replace the portions of grass his cattle ruined, and he probably sees that as reasonable. I think many a juror would see it as reasonable too, probably with an analysis along the lines of, "he's willing to replace the lawn where his cows trampled, but you want a whole new lawn out of it? Give it a few months to grow in. A few mowings later and it'll look just fine." You are absolutely in the right, but should be reasonable on damages. I would try to herd the rancher more in your direction without actually filing a claim over it.