Legal Question in Civil Litigation in Georgia

His Black Cow and My small truck at 3:30 a.m.

Bartow county Georgia, 3:30 a.m. , I was on my way to work when I struck and killed a Black Angus cow that was crossing a State Highway. The results was my Small truck being Undrivable and considered TOTALED (engine will not even run) by the Body shops. The Owner of the cow Admited ownership and stated that he didn't think that his Home owners insurance would cover it, but that he would take care of it. His Insurance co. Inspected his fences and Denied the claim and told him that HE WAS NOT LIABLE for the damages either. Is this true? What can I do to recover my losses?


Asked on 11/16/01, 7:02 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: His Black Cow and My small truck at 3:30 a.m.

As usual, the Insurance Company is full of Cow Poop. No pun intended. See, OCGA Section 4-3-3.

No owner shall permit livestock to run at large on or to stray upon the public roads of this state or any property not belonging to the owner of the livestock, except by permission of the owner of such property. Inference of owner's negligence from livestock running at large. -- The mere fact that livestock is running at large permits an inference that the owner is negligent in permitting the livestock to stray; but when the owner introduces evidence that he has exercised ordinary care in the maintenance of the stock, that permissible inference disappears. Green v. Heard Milling Co., 119 Ga. App. 116, 166 S.E.2d 408 (1969); Wilkins v. Beverly, 124 Ga. App. 842, 186 S.E.2d 436 (1971). Its a fact question on the fence, but its up to the farmer to prove it. Hugh Wood

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Answered on 11/17/01, 6:33 pm


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