Tyrol: Alpine farmer innocent of fatal cow attack

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Cows in a pasture

Photo: Lino Mirgeler / dpa

In the legal dispute over a fatal cow attack in Austria, the Higher Regional Court (OLG) Innsbruck has now legally rejected the survivors' claims for damages. The alpine farmer does not have to pay the 80,000 euros plus interest imposed by the first instance to the husband, daughter and granddaughter of the deceased, said the defendant's lawyers and a court spokesman.

In its decision, the Higher Regional Court stated that pastures and alpine pastures do not necessarily have to be fenced off unless there have been incidents with the animals in the past. In addition, in this case there would have been an alternative route secured by a fence anyway.

70-year-old was trampled to death

The 70-year-old local woman and her dog were trampled to death by cows in the Tyrolean Erl in the Kufstein district in 2017. On the way back from an alpine pasture, the dog owner decided to walk through open alpine pastures.

In the alpine meadow she came across mother cows and their calves, which, according to photos, were initially lying there peacefully, a court spokesman continued. Only when the woman and her dog approached the animals for a photo did the cows become aggressive. While fleeing, the 70-year-old fell and was run over.

In the Tyrolean Pinnistal, a similar case from 2014 had a different outcome in court. A 45-year-old German from Bad Dürkheim and her dog were attacked and killed by cows. The Higher Regional Court attributed partial blame to both the victim and the farmer. The court argued at the time that the farmer was aware that his mother cows reacted sensitively and aggressively to dogs.

The President of the Tyrolean Chamber of Agriculture Josef Hechenberger welcomed the court's decision "despite the tragic circumstances." This is groundbreaking for alpine farming. The OLG spokesman, on the other hand, said: “This is an individual case decision. It always depends on the circumstances. The verdict is not a kind of clean bill of health for either farmers or hikers.”

kub/dpa