Legal Question in Insurance Law in North Dakota
Accident
I was in an accident by my home and hit a cow that came out of the ditch and wrecked my vehicle. I only have liability and the owner of the cow's insurance refused the claim. His cows are out all the time. They said he's not negligent. Theres no open range what do i do when i go to small claims court to argue my case?
1 Answer from Attorneys
Re: Accident
You argue that since it is not an open range, the animal owner has a duty to persons on the highway to keep his animals off of the road. The owner will be charged with knowing that there was a ditch next to the highway which would make it more difficult for a motorist to see the animal because the motorist was concentrating on driving and looking at the road and oncoming traffic.
Most landowners have a duty of care to people off their property due to dangers created by activities on their property.
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