SENATE BILL REPORT

SB 5171

BYSenators Hansen, Barr, Gaspard, Bauer, Anderson and Bailey

Removing presumption of negligence in collisions between motor vehicles and livestock.

Senate Committee on Agriculture

Senate Hearing Date(s):March 3, 1987; January 15, 1988

Majority Report:  Do pass.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Halsan, Hansen, Rinehart.

Senate Staff:Tom McDonald (786-7404)

                  January 15, 1988

AS PASSED SENATE, JANUARY 25, 1988

BACKGROUND:

Under Chapter 16.24 RCW the board of county commissioners of every county may designate certain territory as stock restricted areas in which it is unlawful to permit livestock of any kind to run at large.  Territory not so designated is deemed range area in which livestock is permitted to run at large.  Range areas must be designated by posting a sign at the point where a public road enters a range area.

The legal remedy for automobile accidents involving wandering livestock is a tort action in negligence.  Generally, when livestock are stray in a stock restricted area, RCW 16.24.065 fixes a standard of care for the person owning or controlling the livestock of "willfully or negligent."  However, when livestock are stray on a public highway in a stock restricted area, that standard does not apply.  Therefore, as the courts have interpreted this statute, when a motorist collides with livestock on a public highway in a stock restricted area, there is an inference that the livestock owner was negligent.  The burden is on the owner to show he/she acted with ordinary and reasonable care to prevent such an occurrence.

This inference of negligence in automobile/livestock cases places owners or those in control of livestock at a significant disadvantage in a civil action for damages.

SUMMARY:

There is no presumption of negligence imputed to the owner or person in possession of the livestock, when such livestock is involved in a collision with a motor vehicle and the owner, driver or occupant of the vehicle brings a civil action for damages.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Marlyta Deck, Washington Cattlemen's Association