Wandering cow on roadway not the municipalities' responsiblity

November 05, 2012, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

A plaintiff was driving on a County Road when he collided with a large cow that had wandered onto the road.  The plaintiff brought an action against the owner of the cow, for failing to properly confine the cow.  At the same time a claim was also brought against the local county and township governments claiming that one or both failed to ensure that the owner properly secured the cow on her property.   The County and Township brought a motion to have the claim against it struck.  The court noted that such a duty on the municipality has never been recognized in law.  The court determined it was not a reasonable proposition to expect municipalities to patrol roadways for animals that have escaped from private property or to require the municipality to inspect privately owned fences.  The court noted that there are bylaws in place that deal with these issues and that property owners were required to abide by those laws. 

Posted under Personal Injury, Chronic Pain, Fractures, Pain and Suffering

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