Injured by Livestock in Florida: Here’s What You Need To Know

September 28, 2023 | By Mike Hancock
Injured by Livestock in Florida: Here’s What You Need To Know
Injured by Livestock in Florida: Here’s What You Need To Know From Hancock Injury Attorneys

If you’ve been injured by livestock like a loose cow, horse, or other farm animal on a Florida road, you’re likely wondering who is responsible for your medical bills, vehicle damage, and other losses. These accidents can be confusing because they involve both traffic and agricultural laws that many drivers have never heard of.

Florida’s statutes explain when a livestock owner can be held liable based on where the collision happened and what the owner did or failed to do to keep animals off the roadway. Understanding these rules is the first step to knowing if you have a valid personal injury claim.

Can I Sue If I Hit a Loose Cow or Other Livestock in Florida?

Yes. Under Florida law, you may be able to file a personal injury claim if you were injured after colliding with loose cattle or other livestock on a public road. Livestock owners can be held liable when they intentionally, carelessly, or negligently allow animals to roam onto Florida roadways.

Florida’s large agricultural industry means accidents involving runaway cattle, horses, or other farm animals happen more often than many drivers realize. Liability depends on the accident’s specific facts, including where the crash occurred and whether the owner took reasonable steps to prevent the animal from escaping.

  • Owners are not automatically responsible if they took reasonable precautions.
  • Evidence is critical to proving negligence and recovering compensation.
  • Florida law allows injury claims against negligent livestock owners.
  • Owners may be liable if animals wander onto public roads.
  • Liability may not apply on privately owned roads.

When Is The Owner Liable When I'm Injured by Livestock?

Title XXXV, called Agriculture, Horticulture, and Animal Industry, under Florida’s statutes, includes a chapter, Chapter 588, titled “Legal Fences and Livestock at Large.” The important part to focus on is section 588.15 of the chapter, called “liability of owner.”

Section 588.15 states that “every owner of livestock who intentionally, willfully, carelessly, or negligently suffers or permits such livestock to run at large upon or stray upon the public roads of this state shall be liable in damages for all injury and property damage sustained by any person by reason thereof.”

When Is the Owner Not Liable For My Injuries?

However, an owner may not be held liable for damages for any of the following reasons;

If the accident occurred on a privately-owned road

The statute’s definition of “public roads” excludes privately-owned roads, as found in section 588.13 of chapter 588. Therefore, the law does not cover car accidents involving loose livestock on private roads. Because of this, you need to stay alert and drive cautiously on privately-owned roads where cattle and other livestock are present.

If the owner owns the land the animal came from, but does not own the animal in question

If a stray animal comes from land legally owned by an individual but not owned by that person, the owner cannot be held liable for damages. For example, if a wild hog lives in an individually owned, unkempt wooded area and causes a car crash on a nearby road, the landowner is not liable for the damages caused by the wild hog.

If you can’t prove the owner is liable for damages

In most cases, an owner is liable for negligence if they fail to prevent their stray animal from causing injury. However, if an animal escapes and causes injury despite the owner taking all reasonable precautions, the owner won’t be held liable. This makes it important to establish the at-fault party's liability.

For example, cattle may escape despite the owner's efforts to fence them in. Fencing can be damaged suddenly by a fallen tree or other large object in a storm or hurricane, making the owner not liable for damages caused by runaway cattle.

Why Do I Need A Lawyer If I'm Injured By Livestock?

Attorney Mike Hancock of Hancock Injury Attorneys

We understand the law can be confusing, especially in the unusual case of livestock causing your injury. We are here to help you get the compensation you deserve. Our personal injury attorneys assist in finding evidence and witnesses. We also handle insurance companies, so you can focus on healing.

Our lawyers will file a lawsuit if the at-fault party does not agree to a fair settlement. We can use resources to hire third-party witnesses for accident reconstruction or medical expertise. At Hancock Injury Attorneys, we work on a contingency fee basis and only receive payment when we win your case.

Contact Hancock Injury Attorneys Today

While this type of incident is rare, the injuries can be severe. If a farmer’s negligence causes your injury, we are here to help. Contact Hancock Injury Attorneys at 813-212-8559 for a free case consultation today.

Video Transcript

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FAQs

Can I file a claim if I was injured by livestock on a Florida public road?

Yes. If you were injured by livestock that wandered onto a public road in Florida, such as a loose cow, horse, or other farm animal, you may be able to file a personal injury claim. Under Florida law, livestock owners can be held liable when they intentionally, carelessly, or negligently allow their animals to run at large on public roadways and those animals cause a crash.

What does Florida law say about liability when someone is injured by livestock?

Florida Statute § 588.15 states that every owner of livestock who intentionally, willfully, carelessly, or negligently allows their animals to run at large or stray upon the public roads of the state is liable for all injuries and property damage that result. So if you were injured by livestock on a public road because the owner failed to reasonably confine their animals, that owner can be legally responsible for your losses.

Are there situations where I can be injured by livestock, but the owner is not liable?

Yes. Even if you were injured by livestock, the owner is not always legally responsible. For example, the statute does not apply to crashes on privately-owned roads. An owner also may not be liable if they own the land but not the animal (such as a wild hog on their property), or if the animal escaped despite the owner taking reasonable precautions, like maintaining proper fencing that was suddenly damaged in a storm.

What evidence helps prove my case if I’ve been injured by livestock in a crash?

When you’ve been injured by livestock on the road, evidence is crucial to showing the owner was negligent. Helpful evidence can include photos of the scene and any broken fencing, witness statements, prior reports or complaints about loose animals, and police or incident reports. This kind of proof helps establish that the owner failed to take reasonable steps to keep livestock from straying onto the roadway.

Do I really need a lawyer if I was injured by livestock in Florida?

It’s highly recommended. Being injured by livestock involves a mix of traffic law, agricultural statutes, and complex questions about whether the road was public or private and whether the owner acted reasonably. A personal injury lawyer at Hancock Injury Attorneys can investigate how and why the animals escaped, gather evidence and witnesses, negotiate with insurance companies, and file a lawsuit if needed. This puts you in the best position to recover compensation for your injuries and losses. Call 813-915-1110 to schedule your free consultation today.

Mike Hancock

"AV-Preeminent” Rated Lawyer by Martindale-Hubbell & Personal Injury Lawyer for over 35 Years

People involved in serious accidents experience loss and often don’t know what to do next.

Tampa Personal Injury Attorney Mike Hancock has dedicated his career to handling the recovery process for his clients so that their lives can get back to normal.

Mike has excelled in personal injury litigation for over 35 years, and even though that’s earned him numerous professional honors, what’s most important to him is meeting directly with you and his commitment to giving you peace of mind.

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