7/3/2023 0 Comments Cattle range lawsWithout a legal duty to fence in animals, there can be no breach of duty when livestock causes an injury. This is most common in Western states, such as Washington, Idaho, Oregon, Montana, and Texas. Generally, in open range states, livestock owners do not have a duty to fence in their animals and keep them off roadways. This is nuanced in livestock laws, as well as other types of property damage claims, like tree falls, utility malfunctions, and fires. For at-fault party to be held liable for property damage in a subrogation case, there must be a breach of duty of care. No Need for Fences: Livestock Subrogation in Open Range Statesīecause livestock are considered property, when a cow or sheep causes a loss, it is the responsibility of the owner. A subrogating insurance company needs a legal team with an understanding of both types of range laws, as the outcome of the subrogation claim involving livestock is dependent on that knowledge. State livestock laws fall into two categories: open range and closed range. Because our law firm is comprised of subrogation professionals licensed in dozens of state and federal jurisdictions, Rathbone Group’s knowledgeable team of subrogation attorneys and claims specialists is available to provide help navigating the legal ins and outs of a particular situation or issue where a subrogation case involves livestock. In this episode of On Subrogation: Livestock Liability in Open and Closed Range States, Jason explains the big picture of livestock law as it relates to subrogation law and procedure. State livestock laws vary tremendously, so a subrogating insurance company handling a claim where, for example, an automobile collides with a cow or horse, will need to understand the state tort laws specific to livestock in that jurisdiction. This requires subrogation counsel educated in livestock laws in different states namely, open range vs closed range states. However, this situation is commonplace, and each state has its own set of laws that apply in those cases. If you live in an urban area, you might not consider the frequency of cases that involve a vehicle and a farm animal. Not all automobile subrogation claims involve two or more motor vehicles. How do Subrogation Claims for Property Damages Apply to Living Creatures? How do you hold an at-fault party accountable in a subrogation claim if that party is a cow? In this episode of our video series, On Subrogation, RG attorney Jason Sullivan discusses what happens when a livestock animal is involved in an automobile incident. This article is a companion piece to the video below Subrogation Recovery of Unpaid Insurance Premiums. Subrogation Case Management for Self-Insured Claims.Subrogation Claims Involving Rental Cars.Subrogation Law for Health and Disability.Subrogating Against a Government Entity.Subrogation Services for Self-Insured Companies.Subrogation Services for Insurance Companies.
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