Health & Safety, Litigation

Farm Worker Injured by Bull Has Triable Claims

From CourthouseNews.com, Jeff D. Gorman, 16 Jun 2011.

(CN) – The fact that a man worked for a bull owner does not preclude him from suing under an animal-control law after that bull injured him, an Illinois appeals court ruled.
James Kindel sued his employer, Tennis Dairy Farms, for two counts of negligence and three counts of violation of the Illinois Animal Control Act (IACA).
The trial court dismissed the IACA claims, ruling that the Illinois Legislature did not intend to apply the IACA to employees.
A panel of judges for the Mt. Vernon-based Fifth District Illinois Court of Appeals disagreed and remanded the case for further proceedings.
“To prevail on a claim under the Act, a plaintiff must prove the following: (1) an injury caused by an animal owned by the defendant; (2) lack of provocation; (3) the peaceable conduct of the injured person; and (4) the presence of the injured person in a place where he has a legal right to be,” Justice Stephen Spomer wrote for the court.
“There is no case law that holds that the employee of an owner of an animal is per se barred from recovery by the Act,” he added.

Source: CourthouseNews.com, “Farm Worker Injured by Bull Has Triable Claims” by Jeff D. Gorman, 16 Jun 2011.

About Farmworkers Forum

Farmworkers Forum is an online news and information resource for and about farmworkers. Your comments and suggestions are welcomed and very much appreciated! Let us know how we can improve this forum to better serve your needs and interests.

Discussion

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

________________________________
Enter your email address to follow this blog and receive notifications of new posts by email.

Join 139 other followers

%d bloggers like this: