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Thread: Land Owners Liability for RTCs

  1. #1

    Land Owners Liability for RTCs

    I have been told that changes in the law are imminent and a land owner can be held liable for any injuries or deaths caused by RTCs with deer running off his land, if he (or she) can be shown to have not had any deer management in place.

    This sounds like a great excuse for gaining some more land! Can anyone confirm this and ideally give me a nice bit of legal b))l)Łks to quote

  2. #2
    Have you actually asked the source of your information for any more details?

  3. #3
    I think it came from other stalkers during some DSC2 training so knowledgeable characters but no legal references.

  4. #4
    It sounds a non-starter to me as Deer are classed as a wild creature and only belong to the land-owner when he legally shoots them on his property.
    Some species move about a great deal and that fact would cause problems regarding ownership if the above proposals came to fruition.

    HWH.

  5. #5
    This old chesnut has been going the rounds for years. As stag1933 says wild der are normally regarded as "without ownership" in law until shot and therefore how can the landower be responsible.

  6. #6
    There is this article in Shooting Times from last September, no mention of RTCs.

    http://www.shootinguk.co.uk/news/398..._for_deer.html

  7. #7
    In Scotland [and I'm sure the rest of UK?] deer as "res nullus" ie belong to no-one, basically wild animals.

    To change this, there would have to be an overhaul of legislation & law.

    With any ownership there would be a "duty of care" , something that has been talked about with the hard winter this year.

    As the UK Government are the largest land owner in the UK , I hardly think they would be very forth coming in taking on any liability for deer and the damage or accidents they cause.

    With a duty of care then you would theoritically be liable for any distress caused to the animal i.e. starvation, wounding through shooting, illness, basically deer would become livestock.

    A change like this [it has been discussed at high levels] would have to apply to all wildlife?????

    So basically a non starter

  8. #8
    Quote Originally Posted by bambislayer View Post
    In Scotland [and I'm sure the rest of UK?] deer as "res nullus" ie belong to no-one, basically wild animals.

    To change this, there would have to be an overhaul of legislation & law.

    With any ownership there would be a "duty of care" , something that has been talked about with the hard winter this year.

    As the UK Government are the largest land owner in the UK , I hardly think they would be very forth coming in taking on any liability for deer and the damage or accidents they cause.

    With a duty of care then you would theoritically be liable for any distress caused to the animal i.e. starvation, wounding through shooting, illness, basically deer would become livestock.

    A change like this [it has been discussed at high levels] would have to apply to all wildlife?????

    So basically a non starter
    I will have a look at the web and do some searches but i seem to remember that some ponies, I cannot recall if they were Exmoor/Dartmoor or New Forest, were found to be in distress during a hard winter and the owners were prosecuted. This may be because they were marked and so considered owned. As I say i will have a trawl across the net and see what i can find.

    ft
    Blindness to suffering is an inherent consequence of natural selection. Nature is neither kind nor cruel but fiercely indifferent.

  9. #9
    This was previously discused on SGA forum. Non-starter. Detrimental to deer. Any land owner (farmer) faced with such action would exterminate the deer on his land. Mostly they tolerate deer in certain numbers but they also sustain a loss having deer there in the first place. There has to be a ballance between numbers and land ownership but there could never be proof that the deer was resident in that particular ground. Roe in the rut a prime example. Very transient either doe going to find the boy and take him home or boy looking for girl. Reds can migrate 50 mile across the highlands in bad weather as they move to lower ground. FC deer in forest. crosses one field to get to another and is wiped out on the road between, who's deer ws it FC or farmer?
    Jim

  10. #10
    Quote Originally Posted by flytie View Post
    I will have a look at the web and do some searches but i seem to remember that some ponies, I cannot recall if they were Exmoor/Dartmoor or New Forest, were found to be in distress during a hard winter and the owners were prosecuted. This may be because they were marked and so considered owned. As I say i will have a trawl across the net and see what i can find.

    ft
    Flytie

    The ponies are marked, therfore the farmer/owner has responsibility.

    I had a situation a few years ago where we had a fairly sizeable[and famous] heard of wild goats on our ground. They were heaving with tick and we took some blood samples from ones we shot and they were all carrying louping ill. This was not good for our grouse.
    I toyed with the idea of gathering them in and dipping them as well as inoculating them for louping ill.
    If we had done that we would have been taking care of them and therefore would be a responsibility of care. These goats spent a lot of time on the A9!!!! and many got hit, I was warned by the police that if I was to take on a responsibility of care for the goats, I could be liable for any damage caused by them i.e. RTA.
    After a lot of discussion with the police re. RTA's and the fact they wrote of a new Range Rover on a billy one night, it was agreed that the only options were to do nothing!!! or cull.
    We chose the latter

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