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Thread ID: 96057 2008-12-27 20:20:00 Hit a sheep hanson54 (14447) PC World Chat
Post ID Timestamp Content User
732785 2008-12-28 02:41:00 Geeez Pctek - you should keep quiet about that. If my daughter's Aussie bloke heard that, he would say....

"That is what us Aussies have been saying about you Kiwi blokes for years"

Dang them

Ken :clap

"Loose Sheep" is a bar order.

It's a double shooter of bourbon, neat, and a side of Holy Water.

Two of them and you scare the Hell outta everyone else in the bar. :D

Question:
Did you know that the nuns make the Holy Water?

Just plain ol' tap water and they boil the Hell out of it.
SurferJoe46 (51)
732786 2008-12-28 02:48:00 If you are saying that the farmer took all practicable steps including using industry accepted fencing and approved work practises then that would save him from getting prosecuted,
.

He is jumping to the conclusion that the fence was broken.

If it is then yes the farmer gets to pay your insurance company.

But if it isn't, its not his fault. How many people who have pets that have run out onto the road expect to be made liable for someones resulting car crash?
pctek (84)
732787 2008-12-28 02:51:00 So if I happened to be riding a motorbike and hit the sheep and ended up paralyzed for life

Get over it. You weren't on a bike. You weren't paralysed. You weren't even hurt.

What if an asteroid smashes into my house? What if we all die of bird flu? What if, what if.

A rural road I went up on Wednesday had no fences at all, sheep racing across in front of me all the time. Don't see me moaning do you? If I had hit one I'd be having roast sheep with mint sauce right about now.
pctek (84)
732788 2008-12-28 03:21:00 My first (deceased) wife and I were cruising in my 1959 Cadillac Sedan de Ville one day.

A dog jumps over the fence into the street and I couldn't miss it as it was - THERE - and I was - THERE - in the same place and BAM! - <clunk! hitting my grill and lower lights> then SQUISH, YIP! <rolling under the car> and exiting out the back - it was very quiet, greasy and had some hair missing here and there, eyes shut, leaking dog fluids all over the street.

Then this old broomstick, pudding-of-a-woman comes runnin' outta her yard, swearing in Gaelic oaths that she's gonna sue the Bejabbers outta me and take my first-born child for a warlock...and an Anaheim cop on a motorcycle shows up.................

<Trying to settle woman down> "Ma'am? Ma'am! Please, Ma'am! Take it easy, Ma'am. Tell me what happened here".

<Snort, snort, eyes on-fire, glaring at ME!> "He's a cold-blooded killer, he is! He ran over my poor (insert some flamboyant silly name for a DOG here). An' the poor thing's dead in the street after bein' run over by this behemoth Cadillac. Take 'em to jail and hang 'em! RICH people, they're a scourge of the earth and mankind."

"Well now, Ma'am, let's see if we can find out how he came to run your (insert the same flamboyant silly name for a DOG here) - puppy."

He went to the front of my car, noting the damaged light and bloodstains on the chrome bumper, the fur on the lower control arm and them saw a transmission cooler line leaking where it had been bent backwards from the impact and was now leaking a little fluid.

"Did you hit her dog with your car?" he asked, and she - just on the edge of my eyesight - starts up again with her tirade about me being a puppy- and NOW also a child-killer by iimplication too, and she's cursing in those same Gaelic epitaphs; questioning my mother's pre-marital virginity and the certification of my father's parental involvement in producing the spawn of Satan hisself.

"Yessir", says I. "I ran her dog over".

"I can see by the evidence that indeed, you DID hit her dog and he was probably killed by the impact with your front bumper; is that about correct?" <he turned back to her>

"Hang 'im, officer, he's done admitted as much that he's a killer of my dog!"

"Are you sure that this is your dog, Ma'am?"

"Of course it is, officer! Jus' look at the little by all dead-like in the street!" she said.

"There's nothing left for me to do but call animal control for the animal's body and write a citation now" he said.

"Good enough for 'em, officer!" she smiles and says through clenched teeth, visions of lawyers and lawsuits and money coming her way.

"Oh, no! It's not HIM, but YOU get the citation. We have animal leash laws and your dog was NOT on a leash. You have to pay for any damages to his car and you get to pay for the cremation and this <handing her a citation> ticket. You can appear in court in twenty-one days. Thank-you, Ma'am".

He started his motorcycle and drove away after I had gotten away first.

:D:groan::banana:waughh:
SurferJoe46 (51)
732789 2008-12-28 03:44:00 Get over it. You weren't on a bike. You weren't paralysed. You weren't even hurt.

What if an asteroid smashes into my house? What if we all die of bird flu? What if, what if.

A rural road I went up on Wednesday had no fences at all, sheep racing across in front of me all the time. Don't see me moaning do you? If I had hit one I'd be having roast sheep with mint sauce right about now.

Mint sauce mega lol
prefect (6291)
732790 2008-12-28 04:24:00 Hanson has a perfectly reasonable complaint. The animal wasn't wild and it should have been adequately constrained with its pasture. The farmer was negligent. Greg (193)
732791 2008-12-28 04:49:00 He is jumping to the conclusion that the fence was broken.

If it is then yes the farmer gets to pay your insurance company.

But if it isn't, its not his fault. How many people who have pets that have run out onto the road expect to be made liable for someones resulting car crash?

The fence doesn't have to be broken at all, It has to be capable of doing the job its there for. Anything less is negligence.

As for pets, It doesn't apply,A farm is a work place and has to be managed as one, The law quite clearly states that all steps have to be taken to ensure no harm comes to any person. You are required to manage hazards, and in the event of an incident action must be taken to ensure there is no repeat.The farmer is clearly at fault or the incident would never have happened.

In short, Build a better fence, and count your stock, there is always ways of improving.

As a business owner I suggest you pick up the OSH act and read it, There is information in there you should be aware of.
Metla (12)
732792 2008-12-28 05:45:00 OSH has nothing to do with it Metla, it is covered by the Animal Law reform Act

Animal Law Reform Act 1989
Under the Animal Law Reform Act, landowners are required to fence their land, and are liable if they negligently allow their stock to wander on a road.

Of course you have to prove negligence which is not easy and also have to confirm who the stock belongs to which is not always possible.
Safari (3993)
732793 2008-12-28 05:51:00 OSH has nothing to do with it Metla, it is covered by the Animal Law reform Act



The OSH act has everything to do with it. It covers all places of work, and a farm is a place of work.

The only reason the crap hasn't hit the fan is because so far no OSH inspector has had balls big enough to prosecute over such an incident.(as far as I am aware) And as I noted before no one is willing to designate a road as a place of work, even though it clearly is.
Metla (12)
732794 2008-12-28 06:32:00 The road is not on the farm Metla.
Get a grip for gods sake.
The following is an act passed in 1989 to specifically cover this sort of incident because it is outside the OSH jurisdiction.

Animal Law Reform Act 1989
Under the Animal Law Reform Act, landowners are required to fence their land, and are liable if they negligently allow their stock to wander on a road.
Safari (3993)
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