169C.4 - LIABILITY.
169C.4 LIABILITY.
1. A livestock owner shall be liable to the following persons:
a. To a landowner for damages caused by the livestock owner's
livestock which have trespassed on the landowner's land, including
but not limited to property damage and costs incurred by the
landowner's custody of the livestock including maintenance costs. A
livestock owner's liability is not affected by the failure of a
landowner to take custody of the livestock. A livestock owner shall
not be liable for damages incurred by a landowner if the livestock
trespassed through a fence that was not maintained by the landowner
as required pursuant to chapter 359A.
b. To a landowner who takes custody of livestock on a public
road as provided in section 169C.2 for costs incurred by the
landowner in taking custody of the livestock, including maintenance
costs.
c. To a local authority which takes custody of livestock for
costs incurred by the local authority in taking custody of the
livestock, including maintenance costs.
2. An aggrieved party who fails to provide timely notice of a
livestock's trespass or custody as required by section 169C.3 shall
not be entitled to compensation for damages for the period of time
during which the aggrieved party fails to provide timely notice.
3. A landowner is not liable for an injury or death suffered by
the livestock in the landowner's custody, unless the landowner caused
the injury or death. The landowner is not liable for livestock that
strays from the landowner's land. An aggrieved party is not liable
for livestock that strays from the control of the aggrieved party.
Section History: Recent Form
97 Acts, ch 57, §4; 98 Acts, ch 1100, §21, 22