The Expert will be specific knowledgeable people at the Department of Transport, Arrive Alive Communications,
the Road Traffic Management Corporation or others who might have the expertise to answer the question.
05 Oct 2006
Question
[b][/b]
Inform me about laws on cattle on roads. Who is at fault when an accident is
caused by livestock on roads due to farmer's gate being left open.
[b]
Answer
[/b]
A farmer can be held responsible for damages if it can be proved that the cattle belonged to that farmer and that he left his gate open. There are a few cases in case law on this. The fault lies in negligence -in that he should have foreseen that accidents could occur if he does not take the reasonable steps to ensure that they are behind fence and gate.
..it unfortunately becomes more problematic in informal settlements and rural communities where the fences have been stolen or you don't know whose animals are involved..
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