Q: What responsibility does an owner of cattle have for damages caused when they stray? What if they stray due to no fault of the cattle owner? For example, what if a hunter or a snowmobiler leaves a gate open and the cattle damage the neighbour’s hay bales?
A: First, legislation in all provinces makes it clear that an owner of animals is responsible for damages they cause when they stray. Alberta law makes it clear that this responsibility also applies to the last person having possession of the animals. Manitoba and Alberta laws provide that this
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liability applies, even if the person suffering damage could have avoided a loss by fencing the land.
The only exception to liability is when animals are allowed to wander at large. Both Manitoba and Saskatchewan laws allow municipalities to make bylaws allowing animals to wander at large. From my understanding, few municipalities allow this.
What if the animals stray due to the fault of some third party? For example, a hunter leaves a gate open. In my opinion, the liability for damage caused by straying animals applies regardless of how the animals came to stray. The law does not say the animal owner is only liable if the animal strays due to her negligence. It simply states the owner is liable for damages and there are no exceptions. In my search of previously reported cases, I have found none that dealt with this kind of situation.
Is there any remedy for the animal owner who has to pay for damages caused by straying animals even though it is not her fault? First, she could claim against the party who left the gate open and made it possible for the cattle to stray.
For example, a hypothetical snowmobile club on an excursion crosses Joe’s land. The lead snowmobiler opens the gate but the last snowmobiler neglects to close it. Joe’s cattle stray and eat Sarah’s bales. In my opinion, Joe would
be liable to Sarah, but damages could be claimed against the snowmobile club members.
In many instances the identity of the guilty person will be imposs-ible to determine. The animal owner should ensure that he carries sufficient liability insurance to cover this kind of loss.
Remember, whether land is posted or not, crossing private land for hunting, berry picking, snowmobiling or even walking without the landowner’s permission is trespassing.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
