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So dumb that it inspired me to decide to write a series about Alabama's stupidest laws. I am sure you can imagine a situation where you or someone you know is driving down a road, street or highway at night, and unbeknownst you, a cow, horse, or donkey (go ahead use that other name if you want) is standing in the middle of the road.
But, if the animal kills your neighbor driving down the road, your neighbor's family can't recover unless they can prove the owner "knowingly or willingly" put the animal there.
Do we really value property that much more than people?
Problem is that you would run smack into Alabama Code § 3-5-3, which prohibits holding a livestock owner liable in that situation unless he "knowingly or willingly put or placed such stock upon such public highway, road or street." What does that mean? Do you really have to prove that the owner purposefully put the animal there (as in tied it down, I guess) to recover?
Well, some Alabama courts have interpreted it to mean that you actually have to prove that the owner intentionally put the animal in the street. Makes no sense to me, especially when the rest of us can be held liable to our fellow citizens for simple negligence - that is failing to take reasonable care to prevent foreseeable harm.
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