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It is hard to believe that somebody has not taken a case at least into the civil courts.
Last night I had to come to a stop as usual to let the deer cross. Unfortunately for the motorist my local road is about half with PA plates and about half with out of state plates. Somebody from another state will probably not know the danger or how to drive around deer. Many motorist look at the deer that crossed in front of them and don't look for the one following. That is how our deer trained us 'locals' over the years.
Who are you going to sue if you hit a deer out in some rural wooded area? The game department? I agree its sucks to have to deal with such numbskulls, and we have one in my town too. But I doubt you'd gain much traction in court. Its still, as always and everywhere, up to drivers to avoid wildlife collisions and they aren't always avoidable. I think your best bet is applying pressure to get them to stop doing it, rather than trying to figure out if you can sue them if you hit something.
Who are you going to sue if you hit a deer out in some rural wooded area? The game department? I agree its sucks to have to deal with such numbskulls, and we have one in my town too. But I doubt you'd gain much traction in court. Its still, as always and everywhere, up to drivers to avoid wildlife collisions and they aren't always avoidable. I think your best bet is applying pressure to get them to stop doing it, rather than trying to figure out if you can sue them if you hit something.
I am not trying to sue anybody; I like to watch deer and I know how to drive in areas that I might encounter them. With about 200 people every year killed by deer/car collisions (https://www.iii.org/fact-statistic/f...cle-collisions) I am just thinking that somebody knows someone that feeds deer close to the road (where somebody died in one of these collisions). Like you said: "we have one in my town". So if it is general knowledge and more than one person can testify or, better yet, bring in pictures/videos to a courtroom; it could make a great case. If you had a loved one, that died close the person feeding in your town, would you be angry and seek restitution?
We live in a day where anybody can sue anybody for anything. It is just easy to believe that could happen to a known feeder.
I am not trying to sue anybody; I like to watch deer and I know how to drive in areas that I might encounter them. With about 200 people every year killed by deer/car collisions (https://www.iii.org/fact-statistic/f...cle-collisions) I am just thinking that somebody knows someone that feeds deer close to the road (where somebody died in one of these collisions). Like you said: "we have one in my town". So if it is general knowledge and more than one person can testify or, better yet, bring in pictures/videos to a courtroom; it could make a great case. If you had a loved one, that died close the person feeding in your town, would you be angry and seek restitution?
of course I'd be angry. But I'd also be angry if the deer were on the road because the highway department redesigned the road with wide grassy shoulders or medians that attract deer, or because there were too many deer because of predator control. But thems the breaks, and there's not much you can do. I don't think legal action would be successful in any of those cases.
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We live in a day where anybody can sue anybody for anything. It is just easy to believe that could happen to a known feeder.
Anyone can sue anyone, and anyone can also waste a lot of time or money doing so and have their case dismissed. One must choose their battles. I think the best way to attack the problem is to prevent it. Maybe you can convince the highway department, public safety or wildlife dept that its a safety, health or disease risk and force them to stop. I just don't think legal action after the fact would be worthwhile, because (for example) you can't prove that the deer wouldn't have crossed the road anyway.
of course I'd be angry. But I'd also be angry if the deer were on the road because the highway department redesigned the road with wide grassy shoulders or medians that attract deer, or because there were too many deer because of predator control. But thems the breaks, and there's not much you can do. I don't think legal action would be successful in any of those cases.
Here is a woman that wanted the 'Deer Crossing Signs' moved to areas with no traffic:
At least she did not sue that I know of! But you never know?
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Originally Posted by Deserterer
Anyone can sue anyone, and anyone can also waste a lot of time or money doing so and have their case dismissed. One must choose their battles. I think the best way to attack the problem is to prevent it. Maybe you can convince the highway department, public safety or wildlife dept that its a safety, health or disease risk and force them to stop. I just don't think legal action after the fact would be worthwhile, because (for example) you can't prove that the deer wouldn't have crossed the road anyway.
Any court case depends on the quality of your lawyer and the amount of hard evidence. Pictures and witnesses would add to your case. But, like I have said before; I am not trying to sue anybody - I am only asking the question. I am very familiar with my State's refusal to pay for pothole damage: https://www.goerie.com/news/20190216...s-probably-you. But, like that article explains; it would cost the taxpayer millions. So they have a good reason to claim "sovereign immunity". Individuals do not have that luxury.
And that would seem to support my idea of feeding the fox once in awhile. A full animal would not be likely attack another animal for food, right?
You know...I always fantasize about living on the bayou somewhere in Louisiana. I fantasize about sharing space with alligators, and gators are one of my favorite animals.
That said...I would NEVER feed an alligator because it would not be good for anyone, including the gator, for it to get used to the idea of hanging around my space, and expecting food. But if one were to sun itself on my dock...I'd probably let it do so, and admire it from somewhat afar.
I don't know...I guess I go back and forth on the issue. lol
Lol I would love to live in/next to a cypress swamp. Stilts!
Feeding gators in Florida is illegal and their are fines for it. The worst part is that the gators have to be destroyed. It only takes one feeding for them to associate people with food. Last week, there was a call to kill iguanas which are an invasive species and their population has exploded here in south Florida. Usually there are a few really cold days during "winter" when the iguanas go into a dormant stage and enough die to keep them in check, but the last few years this hasn't happened. This species are herbivores and a main stay in their diet are hibiscus flowers. Florida has many invasive species that have established breeding populations. Most of which are not due to "pets" being released.
Laws vary from state to state, and even the states that forbid it are not consistent on the details of what they are forbidding.
One of the reasons for no consistency is because of the lobbies. There is a lot of money for the growers and suppliers of all the wild animal food and baits. It is a livelihood for many and that translates into political power.
Location: Approximately 50 miles from Missoula MT/38 yrs full time after 4 yrs part time
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[quote=fisheye;55550771]I have one neighbor that has a house only about twenty or thirty feet from a township road. They religiously feed deer, turkeys and other wildlife for many years. Most of us driving by know enough to be on guard so we will not hit the animals eating. However, if somebody would hit one of the animals; is the 'feeder' responsible? Could they be responsible for the spread of disease in a neighborhood?
One could always say that wild animals would naturally run by this person's house. But they are 'baiting' the animals so there is always a dense collections of animals in the area of this person's house.
I know that they are not alone. Many people in rural America feed our wildlife. It is evident from the amount of 'deer corn' and other grains sold to the public every year by simply looking at the multiple pallets offered at stores like Walmart and Tractor Supply. We are buying millions, if not billions, of dollars worth of deer food each year.
Have any such cases gone to court in the US? I am curious if an insurance company would seek reparations for a major loss?
Anyway; just asking the question. I really do not know the answer or answers.[/QUOTE
I'm somewhat surprised that the local Game Warden hasn't been advised of this situation.
I don't know what the Wildlife Statutes in your area state about feeding wildlife,.......where I live in Montana, it is against the F & G laws,and they would be issued the appropriate citation.
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One must choose their battles. I think the best way to attack the problem is to prevent it. Maybe you can convince the highway department, public safety or wildlife dept that its a safety, health or disease risk and force them to stop. I just don't think legal action after the fact would be worthwhile, because (for example) you can't prove that the deer wouldn't have crossed the road anyway.
But you never know?
