Know your liability laws

Warren Webster, Elders Insurance agent in Warwick, revealed during a recent interview that having a local insurance agent can be vital when it comes to understanding the laws around farm liability.

As well as helping his clients with appraisals and claims, Warren can also give them local - and, therefore, accurate - insight into Queensland-specific laws and how these could affect farmers when it comes to liability claims.

He told us that, for instance, the laws concerning who is liable when livestock wander onto roads and cause damage are different in Queensland and New South Wales.

Queensland still abides by an archaic common law rule which basically states that livestock have "right of way" when they are on a road. This means that any damage they cause to people or vehicles they come into contact with can not be blamed on their owner.

Owners of farmland that adjoins major highways do not even have to maintain their fences to prevent livestock from escaping onto the roads.

According to a report, titled Civil Liability for Animals and compiled by the Queensland Law Reform Commission, numerous investigations have been made in Australia and abroad as to whether this law should be overhauled.

The report concludes that the existing law is confusing and that "liability for animals should be left to the general law of negligence" (e.g. owners should be held accountable if their livestock are responsible for damage). This is how the law works in New South Wales.

If you have any questions or concerns about straying stock, farm liability laws, would like to take out a farm liability insurance policy, contact Warren Webster and the team at Elders Insurance Warwick today.

They can let you know what kind of cover you need based on a face-to-face assessment of your property, livestock and the prevailing laws in Warwick.