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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 | ||
| 732795 | 2008-12-28 07:20:00 | There are multiple acts and guidelines that can cover the same events, OSH could certainly act on the matter if they were so inclined.The fence is on the farm, The animal came from the farm.The farm is a place of work. Let me ask you this, If I was chopping down a tree, failed to manage the associated hazards, dropped a tree on the road, a car hits the tree, I could then argue I'm not at fault as the road is clearly not where the tree started from? Why do you think different departments can't look into the same incident and follow the processes as they see fit? Did you not see how many investigations were undertaken in relation to that fire that killed those firemen a few months back? I'd be very surprised (that's a joke)if someone doing a hazard identification on that farm (All you farmers have these right? OSH requires it) failed to nominate the road as a hazard. Pity those Berrymans didn't do a little hazard management, Might have saved someone getting killed. |
Metla (12) | ||
| 732796 | 2008-12-28 08:22:00 | OSH is much over rated | prefect (6291) | ||
| 732797 | 2008-12-28 08:34:00 | Be very careful when hitting sheep. Although the odds are improving, they still outnumber us more than ten to one, and they have a mean set of teeth. |
R2x1 (4628) | ||
| 732798 | 2008-12-28 10:13:00 | Under vehicle law, you should be able to stop within half the viewable distance ahead. So theoretically , there would be no problem with stray stock on the road. :eek: | pheonix (36) | ||
| 732799 | 2008-12-28 10:49:00 | Under vehicle law, you should be able to stop within half the viewable distance ahead. So theoretically , there would be no problem with stray stock on the road. :eek: "coming round a blind corner a bloody sheep jumped out across the road" Umm, it's not like the sheep was sitting in the middle of a straight road. |
--Wolf-- (128) | ||
| 732800 | 2008-12-28 10:58:00 | Under vehicle law, you should be able to stop within half the viewable distance ahead. So theoretically , there would be no problem with stray stock on the road. :eek: "coming round a blind corner a bloody sheep jumped out across the road" Umm, it's not like the sheep was sitting in the middle of a straight road. Note the word "viewable" and not "half the straight road in ideal conditions when you're perfectly alert and have just had the car serviced". |
Thebananamonkey (7741) | ||
| 732801 | 2008-12-28 11:56:00 | Unless you were driving in the paddock, it should be the farmers’ responsibility to pay the insurance. As we cannot see the fence and only have your word that it had a “hole” now repaired, I do not think negligence comes into the argument. If you can prove the animal is the farmers the farmer should pay”.” |
Rob99 (151) | ||
| 732802 | 2008-12-28 18:36:00 | Before the Amendment to the the Animal Act of 1986 it was Common Law (ye olde English) that prevailed in these cases of vehicle hits animal on road. Under Common Law there was no necessity for a farmer to fence his property. They did fence, obviously to stop stock wandering and therefore taking a devil of time to round them up but there was no specific requirement to fence. Now it is down to negligence which is hard to prove. If the animal was in the middle of the road and you hit it, the negligence rests with you. You, as a vehicle operater, must be able to stop in the "clear distance" between you and the object ahead be it a sheep, a slip or a dirty great truck. It is half the clear distance in an built up area where speed restictions apply! Under the Animal Act 1986, a farmer can be construed to be negligent if he is driving his animals on the road without due care, ie helpers going before or behind the driven animals to warn of the hazard on the road. The farmer has an obligation to ensure that the stock is well contained but unless you can prove beyond any shadow of doubt that the farmer was aware that the fence was faulty and he had done nothing to correct the problem, then you are whistling in the wind. |
Bryan (147) | ||
| 732803 | 2008-12-28 19:37:00 | Meh, we didn't need that sheep anyway.Don't you mean "Baa, we didin't need that sheep...?" | Tony (4941) | ||
| 732804 | 2008-12-28 19:56:00 | I hit a sheep once driving along a country road. It just ran out in front of me and I had no time to stop and just hit it. I came out worse than the sheep. The sheep just got up and ran away. I was 14 at the time and was driving a push bike. I couldn't walk properly for a couple of weeks as it buggered my knee. :) |
Trev (427) | ||
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