Thursday, February 09, 2012

Bill sets higher burden of proof in cow crashes

Drivers who hit livestock on Nebraska roads should have a higher burden of proof in showing that farmers and ranchers are to blame, a state lawmaker said Wednesday. Sen. Ken Schilz of Ogallala said he wants to require motorists to show "specific acts of negligence" when they file lawsuits against a cattle owner. Current Nebraska law says judges and juries cannot infer that livestock owners were negligent just because the animals escaped. The law does not require evidence of specific negligence. "As a cattle feeder myself, I know how important it is to maintain good fences," Schilz told the Legislature's Judiciary Committee. "But there are many times when cattle escape without the negligence of the owner." Schilz, who runs a cattle operation along Interstate 80, said cattle can jump fences, push down fences and unlock gates on their own...more

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