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Old 02-19-2012, 03:39 AM   #5971
DustySnow
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Quote:
Originally Posted by Phil_Fong View Post
If litigation was so successful against dumb animals then every farm along every road would be empty.

I hope Dodgy has full comprehesive insurance of his own to fall back on, and to a leave the worry of sueing somebody to the insurance company that protects him.

A farmer has to carry public liability insurance just like any business does, but that protects all on his property, which is inside his boundaries.
Quite often to get permission on to a farm, the farmer requests all in writing and puts a priviso in it.

He can also insure his animals whether they be on his property or wandered off.

I hope Dodgy heals quick and is up and about soon.
AAAAH, nothing like a good arguement. The main thing is that Dodgy is basically not to bad so far as I know & should be back on his feet soon. The farmers public liability insurance will generally cover him for liability arising from his business anywhere Australia. That I know because that is my profession. The issue is does Dodgy want to take it further & could the property owner be held liable. As a mate of Dodgys I feel he should be liable but I am probably biased. From here I (and anyone who is not a lawyer specializing in tort) am out of my depth but under the Civil Liability Act 1936 Part 3, 18 the farmer would need to be negligent & the fact the animal was on the road is no defence. After that I would leave it to the experts
http://www.legislation.sa.gov.au/LZ/...36.2267.UN.PDF
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Old 02-19-2012, 03:49 AM   #5972
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What sort of damage to Dodgy's bike, DS?
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Old 02-19-2012, 04:12 AM   #5973
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Quote:
Originally Posted by DustySnow View Post
AAAAH, nothing like a good arguement. The main thing is that Dodgy is basically not to bad so far as I know & should be back on his feet soon. The farmers public liability insurance will generally cover him for liability arising from his business anywhere Australia. That I know because that is my profession. The issue is does Dodgy want to take it further & could the property owner be held liable. As a mate of Dodgys I feel he should be liable but I am probably biased. From here I (and anyone who is not a lawyer specializing in tort) am out of my depth but under the Civil Liability Act 1936 Part 3, 18 the farmer would need to be negligent & the fact the animal was on the road is no defence. After that I would leave it to the experts
http://www.legislation.sa.gov.au/LZ/...36.2267.UN.PDF

It will only work if the police have charged the farmer.
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Old 02-19-2012, 04:17 AM   #5974
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Get the lawers involved I say.

Shit If litigation was as prevalent in the 70's & 80's as it is today I'd be a fucken milyunair.

I say bad luck & suck it up.

But I do sincerely hope the bloke who hit the cow is ok.
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Old 02-19-2012, 04:30 AM   #5975
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Originally Posted by Phil_Fong View Post
It will only work if the police have charged the farmer.
That is incorrect. A person can be negligent & liable under common law without having committed an offence.
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Old 02-19-2012, 04:38 AM   #5976
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Originally Posted by DustySnow View Post
That is incorrect. A person can be negligent & liable under common law without having committed an offence.


and a fool and his money are soon parted.


Go your hardest.
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Old 02-19-2012, 05:35 AM   #5977
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That is incorrect. A person can be negligent & liable under common law without having committed an offence.
Correct. Far more civil matters than criminal hearings. The farmer is in the wrong. Not hard to prove the fences are poorly maintained when they're rotten and laying on the ground with extensive animal tracks on both sides of them. I forget the law involved but there's been quite a few farmers charged under it. The insurer will pursue the matter with regards to any property lost but Dodgy will need to and should engage a decent local lawyer (if they're not all hopeless wino drunks ) for any other expenses he'll encounter. You know your stuff anyway, DS. I can understand the hessitation but these farmers usually get plenty of warnings and know about the near misses. Stuff them. Lucky Dodgy wasn't killed.
Reminds me of a ride I used to do along the River - would keep smelling that distinctive, strong "cowhide" odour just on a sweeping bend every day for about a week. One day (driving, fortunately) I found the cause - some farmers 3 tonne prize bull munching the grass on the greener, roadside area in amongst the thick mallee acacias. Like a watertank with hairy legs. Glad I slowed down each time I went past.
At night I'll slow down as soon as I can smell any roos or livestock. Quicker if there's fresh shit on the road. Especially if it's mine.
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Old 02-19-2012, 03:27 PM   #5978
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Best wishes for Dodgy, heal fast mate.

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Old 02-19-2012, 04:58 PM   #5979
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To those of you at work.

Having a wonderfull ride through the hills today.

Perfect weather. :-)))))


By Tapatalk.
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Old 02-19-2012, 05:01 PM   #5980
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DustySnow, pm me with the location of Dodgy's argument with the cow please. Fingers crossed for a speedy recovery for him.
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Old 02-19-2012, 06:09 PM   #5981
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Quote:
Originally Posted by PBee View Post
To those of you at work.

Having a wonderfull ride through the hills today.

Perfect weather. :-)))))


By Tapatalk.
I'm going for a ride to Norwood this arvo
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Old 02-19-2012, 06:11 PM   #5982
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To those of you at work.

Having a wonderfull ride through the hills today.

Perfect weather. :-)))))
Ya ba$tard !!
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Old 02-19-2012, 06:50 PM   #5983
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Quote:
Originally Posted by PeasantFarmer View Post
DustySnow, pm me with the location of Dodgy's argument with the cow please. Fingers crossed for a speedy recovery for him.
I'd be interested to know too Dusty, as I'm planning a ride in your area & pre-warned is pre-armed


masterbrewer screwed with this post 02-19-2012 at 06:59 PM
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Old 02-19-2012, 08:45 PM   #5984
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Hit a cow/bull one night just past Oakbank, luckily in the car.

Went back the next day and there were several large beasts near by, restrained only by a electric fence.

There had been a power blackout earlier that evening and the electric fence had probably been down.

So moral is, take it easy after power failures.

And keep an eye on the roadside fencing - if it is in poor condition and /or supplemented with a strand of electric take it easy!
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Old 02-19-2012, 11:11 PM   #5985
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Quote:
Originally Posted by PBee View Post
To those of you at work.

Having a wonderfull ride through the hills today.

Perfect weather. :-)))))


By Tapatalk.
Did a nice ride (on a boat) today, from Hamilton Island to Airlie Beach.....and just sitting on the back of it in the marina watching the scenery
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