Emergencies
After fatal cow attack: farmer does not have to pay
A sign warns against entering a cow pasture (symbolic image). photo
© Sabine Dobel/dpa
Alpine terrain presents some dangers. Cows can also react aggressively if hikers get too close to them in alpine meadows. A new ruling sheds light on the coexistence of humans and animals.
In the legal dispute over a fatal cow attack in Austria, the Higher Regional Court (OLG) Innsbruck has now legally rejected the survivors’ claims for damages. This means that the alpine farmer does not have to pay the 80,000 euros plus interest imposed by the first instance to the husband, daughter and granddaughter of the deceased, said the defendant’s lawyers and a court spokesman.
In its decision, the Higher Regional Court stated that pastures and alpine pastures do not necessarily have to be fenced off unless there have been incidents with the animals in the past. In addition, in this case there would have been an alternative route secured by a fence anyway.
Victim wanted to photograph animals
The 70-year-old local woman and her dog were trampled to death by cows in the Tyrolean Erl (Kufstein district) in 2017. On the way back from an alpine pasture, the dog owner decided to walk through open alpine pastures. In the alpine meadow she came across mother cows and their calves, which, according to photos, were initially lying there peacefully, a court spokesman continued. Only when the woman and her dog approached the animals for a photo did the cows become aggressive. While trying to escape, the 70-year-old fell and was run over.
Case from 2014 with attack on Germans presented differently
The OLG ruling is in contrast to a ruling in the Tyrolean Pinnistal. In 2014, a 45-year-old German woman from Bad Dürkheim and her dog were attacked and killed by cows. The Higher Regional Court attributed 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
The President of the Tyrolean Chamber of Agriculture Josef Hechenberger welcomed the court’s decision “despite the tragic circumstances”. This is groundbreaking for alpine farming. The OLG spokesman explained: “This is a case-by-case decision. It always depends on the circumstances. The verdict is not a kind of clean bill of health for either farmers or hikers.”