A bill before the Legislature would hold farmers blameless for livestock that escaped without their knowledge.
H. 463, introduced last month and currently in the House Agriculture Committee, states that a farmer “shall not be held liable for damages in any civil (lawsuit) for injury to a person, to a motor vehicle on a public highway, or to property of another by livestock running at large without the knowledge of the livestock owner.”
Lead sponsor Rep. Jay Hooper, D-Brookfield, said the bill was inspired by the case of Craig Mosher of Killington, who is facing a manslaughter charge stemming from a 2015 incident in which his bull got out and caused a fatal car crash.
However, Hooper said the bill was not tailored to apply directly to the Mosher case.
“ I don’t know too much about the details of that case,” Hooper said Wednesday. “I think this is meant to protect a farmer. At the end of the day, no farmer lets their animals out on purpose. … It’s important to remember animals have an inherent desire to be on the other side of whatever’s constraining them.”
The bill repeals existing fines for allowing livestock to run loose, but does not remove civil liability if a farmer knows an animal is loose.
“If the farmer says ‘Oh, I’ll deal with that later’ and something happens, they could be liable,” Hooper said.
While the bill lacks language specifically exempting farmers from criminal liability, Hooper said that was his intention, and that he plans to amend the bill to do so if the committee is agreeable.
A grand jury indicted Mosher last year. Court documents indicate that he had already been told his bull was loose prior to the crash that killed both the bull and 62-year-old Jon Bellis of Connecticut.
The case is pending in Rutland criminal court. A change-of-plea hearing has been scheduled for June 28, according to court records. Rutland County State’s Attorney Rose Kennedy did not immediately return a call seeking comment.
The bill also gives livestock the right of way on Vermont roads, saying a driver must yield to those animals and “exercise every reasonable precaution” to avoid frightening them. However, Hooper said that should not be read as allowing a farmer to hold a motorist liable for roadkill.
“The intent isn’t to shift the liability onto the driver,” he said. “It’s to lessen the liability of the farmer. … I don’t want this bill to suggest that you as the driver are then punishable.”
The bill has 35 cosponsors. Hooper said he was careful to build a bipartisan support before introducing it.
“The people who weren’t willing to sign were typically lawyers,” he said. “I’m not entirely sure what their resistance was.”
gordon.dritschilo @rutlandherald.com
No comments:
Post a Comment