Question: Is there liability for the owner of a cow if the cow leaves the owner’s property, goes onto a roadway and causes a collision with a car?
Answer: Yes, if the cow owner was negligent. See below.
Although the owner of an animal has a common law duty to confine it, the escape of an animal is not negligence per se on the part of the owner. In order to prevail, an injured party must establish (1) that the owner placed the animal in confinement which he knew or should have known would be ineffective and could reasonably foresee the animal would escape therefrom, or (2) that the owner knew the animal had escaped but took no reasonable steps to bring it back to confinement. Thus, the mere fact that an animal is loose is not alone sufficient cause or basis to support a finding of negligence.
It is well settled that the legal duty owed by the owner in restraining and confining his animal is that of reasonable care under the circumstances. The safeguards to be observed and the foresight to be exercised in restraining and confining an animal depend upon the circumstances of the particular case, and are usually matters to be resolved by the fact-finder. A material fact relevant to these claims is the reasonableness of the method of confinement chosen by the owner of the animal.