After fatal cow attack: Farmer does not have to pay

class=”sc-cffd1e67-0 iQNQmc”>

This means the Alpine farmer will not have to pay the 80,000 euros (about 75,000 Swiss francs) plus interest imposed at first instance to the deceased’s husband, daughter and granddaughter, the defendant’s lawyers and a court spokesman said Thursday. In its ruling, the Oberlandesgericht stated that meadows and alpine meadows do not necessarily have to be fenced unless incidents involving the animals have occurred in the past. Moreover, in the present case there would have been an alternative route, protected by a fence.

The victim wanted to take pictures of animals

The 70-year-old local woman and her dog were trampled by cows in Tyrol’s Erl (Kufstein district) in 2017. On the way back from an alpine pasture, the dog owner decided to walk through open alpine meadows. In the alpine meadow she came across mother cows and their calves, which, according to photos, initially lay there peacefully, a court spokesperson continues. It was only when the woman and her dog approached the animals for a photo that the cows became aggressive. While trying to escape, the 70-year-old fell and was overwhelmed.

2014 case involving attack on Germans presented differently

The OLG statement contrasts with a statement in the Tyrolean Pinnistal. In 2014, a 45-year-old German woman and her dog were attacked and killed by cows. The Higher Regional Court awarded partial blame to both the victim and the farmer. The court argued at the time that the farmer was aware that his mother cows reacted sensitively and aggressively to dogs.

Different reactions

President of the Tyrolean Chamber of Agriculture Josef Hechenberger welcomed the court’s decision “despite the tragic circumstances”. This is groundbreaking for alpine agriculture. The OLG spokesperson explains: “This is a case-by-case decision. It always depends on the circumstances. The verdict is not a clean bill of health for farmers or hikers.”

(SDA)

Source: Blick