Libablity of livestock and fences in Mississippi

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 12, 2011

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Insurance Question from Buxton, MS

Asked on 07/12/2011

Libablity of livestock and fences in Mississippi We had a horse get on our property and cause about $5000 worth of damage. According to the Insurance of the owner of the horse they say they are not legally at fault. The Mississippi code sec 69-13-9 the fence has to be 4 foot tall and the material used shall not be more than six inches apart. They have areas in the fence that has electric fences with two wires running. Would this area be failure of a lawful fence?

Answer given on July 30, 2011

I would suggest that you speak with your insurance agent to see if there is any coverage for the damages caused by the neighbor’s horse. You may be able to file a claim that way and once settled, your insurance company may go after your neighbor’s insurance company for reimbursement. Your deductible will apply until your company is able to subrogate, but it may be the easiest way for you to handle this.If that is not an option, you should talk the a supervisor with the other insurance company to see why they feel there is no legal responsibility for the damages caused. There may be a question that has not been answered or a misunderstanding of the loss.The issue of the fence could be involved, but that is more of a legal question. You may need to speak to an attorney if there is no other recourse for you.

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