Horse and Car Collisions, Who is at fault?

When a horse escaped from its pasture there is no telling what can happen. The worst case scenario is when they collide with a car. When this happens, who is at fault? The owner, or the Driver?


Driver v. Owner 
The driver of a car suffered damages when the car collided with a horse.  She sues the owner of the horse who counterclaimed to recover for damages for the value of the horse.
The driver stated  " horses just don't wander in the street, keeping the horse contained was under the owners own accord". 
The owner stated "the fencing around the horse was secure, some outside cause may have led the horse to break trough the fencing, furthermore the accident could have been avoided of the driver was driving the car in a safer manner".
 The drivers suit fails for lack of proof as to why the horse was in the road.  The fact that it was there was no absolute proof of negligence. The court held that there were issues of liability of both the driver and owner which prevented finding of summary judgment for either side.


In this case example no one was at fault, usually the court rules in the favor of the driver and blames the owner/facility where the horse was kept of negligence. 


Sources:
http://asci.uvm.edu/equine/law/cases/car/car.htm