When a livestock animal causes a crash, the biggest question is often whether the owner may be held liable for the damage. The answer usually depends on whether the accident happened on open range or fenced-in land. This distinction can have serious consequences for your ability to recover financially after a crash.
Below, we explain the difference between open range vs fenced-in laws, how they vary by state, and what they can mean for drivers injured in livestock-related accidents.
What Is the Difference Between Open Range vs Fenced-In Areas?
In open range areas, livestock owners have no legal duty to keep animals off public roads. Drivers have the responsibility to stay alert for cattle, horses, and other livestock. Owners are generally not held responsible unless they:
- Violate a specific law, or
- Act negligently in a way the law recognizes.
For example, consider a driver who strikes a cow on a rural highway in a county with open range laws. Even if the cow wandered onto the road from a nearby unfenced field, the animal’s owner may not be legally responsible for the crash, since the law allows livestock to roam freely.
In fenced-in areas, livestock owners must contain their animals and take steps to:
- Maintain fences, gates, and barriers;
- Fix visible damage that could allow animals to escape; and
- Address repeated incidents of animals getting loose.
If owners fail to meet these duties, they may be liable for accidents that occur.
For instance, imagine a driver traveling through a fenced-in area hits a horse on the highway. Near the crash site, there’s a broken fence with a visible gap. If the horse’s owner knew about this gap, or the horse had a history of getting loose, and didn’t take action, they could be liable for the crash.
How Different States Handle Open Range vs Fenced-In Laws
Livestock laws vary from state to state and even from county to county within a state. Here are a few examples of how open range vs fenced-in laws apply in different parts of the country.
California
California generally follows fenced-in livestock laws, especially in cities, suburbs, and along major highways. However, open range laws still apply in certain rural counties where livestock can legally roam near roads. After a crash involving livestock, it is essential to review local county rules to determine which laws apply.
Nevada
Nevada is an open range state, meaning livestock owners are not required to fence in their animals to prevent them from wandering onto roadways. However, county commissioners can designate certain areas as closed range, where livestock owners must prevent their animals from running at large. The open range law still applies outside these designated areas, and motorists must exercise caution to avoid collisions with animals.
Texas
Texas is, by default, an open range state, meaning livestock owners are not required to fence in their animals. However, counties can adopt local stock laws that modify this rule and require livestock owners to contain their animals. The legal responsibility after a livestock accident often depends on whether the county has adopted such a stock law.
Montana
Montana follows open range laws across much of the state, where livestock owners are not automatically liable if their animals are on the roadway. However, incorporated cities and towns are classified as closed range, requiring livestock owners to fence in their animals. Some unincorporated rural areas may also be designated closed range through local ordinances.
Oregon
Oregon’s livestock laws vary by county. Some counties, particularly in more populated regions, have adopted fenced-in laws, requiring livestock owners to contain their animals. Other areas operate under open range laws, where livestock can roam freely, and landowners must fence out unwanted animals. Drivers involved in livestock accidents need to confirm the local rules where the crash occurred.
Wyoming
Wyoming follows open range laws throughout much of the state, meaning livestock owners are not legally required to fence in their animals. However, state law can still hold livestock owners responsible if their animals are on the road and cause an accident, especially if the owner has previously failed to contain the animals or has ignored local ordinances.
How Open Range and Fenced-In Laws Affect Livestock Accident Claims
Now that you know how livestock laws work across different states, it’s crucial to understand how they could impact your legal claim.
After a crash involving livestock, the first step is figuring out which laws apply to the area where the collision happened. This can involve:
- Reviewing county ordinances and fencing district laws,
- Checking for any designated open range signage,
- Requesting records about past livestock incidents or complaints,
- Confirming whether local or state fencing requirements applied, and
- Gathering crash scene evidence, including photos, videos, and police reports.
Importantly, even if the crash happened on open range land, that does not automatically block your right to seek compensation. In an open range zone, a livestock owner can still be held accountable if they:
- Failed to repair known hazards like broken fences,
- Allowed livestock to roam repeatedly into the same area,
- Ignored local ordinances restricting livestock, or
- Disregarded past warnings or complaints about loose animals
Additionally, in many areas, road signs like “Open Range,” “Livestock Crossing,” or “Cattle on Road” warn drivers that animals may be nearby. While livestock owners are not typically responsible for posting signage themselves, the presence or absence of such signs can affect how courts view a driver’s duty of care. If you were involved in a livestock crash in an area without proper warnings and the owner acted negligently, you may still have a strong claim for compensation.
Contact Silva Injury Law for Help with Livestock Accident Claims
In a crash involving livestock, responsibility usually comes down to two things: where the accident happened and what local rules say about fencing and animal control. Those answers aren’t always easy to find on your own.
Silva Injury Law has years of experience helping drivers across the Central Valley who were injured because livestock owners failed to meet their responsibilities. We know how to work to uncover whether owners ignored fencing laws, failed to fix known hazards, or let animals roam where they shouldn’t have been.
If you were hurt in a car accident because livestock was loose on the road, Silva Injury Law can help you understand how the law applies to your case and what steps you can take to protect your right to seek compensation. Call or fill out our online contact form to schedule a free consultation with a livestock collision attorney today.
Resources:
Montana Annotated Code, § 21-1-724, link.
USDA, What Is Open Range, link.
Texas Agricultural Code, § 143.001, link.
Oregon Revised Statutes, § 607.024, link.
Wyoming Statutes Annotated, § 11-24-108, link.
