Steven Hadley's life changed forever in 2012 when his motorcycle collided with a cow on a rural road near Kingaroy, Queensland. The impact at about 100 km/h threw him 12 to 13 metres headfirst into the ground, leaving him with persistent shoulder injuries that still cause him daily discomfort. Without private health insurance, the carpenter has continued working through the pain, unable to afford surgery.
Hadley sought legal help from Shine Lawyers to sue the animal's owner for negligence, but was told he had no case due to a legal principle dating back over 325 years. The 'rule in Searle v Wallbank' protects livestock owners from liability when their animals wander onto roads, even if they cause serious injury or death. This rule has been repealed in all Australian jurisdictions except Queensland and the Northern Territory, as well as in the UK and New Zealand.
Personal injuries lawyer Rachel Last described the rule as 'archaic' and said she feels 'disheartened' and 'embarrassed' when informing clients they have no legal avenue. The debate was reignited in January after a 29-year-old man died near Charters Towers when he lost control of his vehicle trying to avoid a cow. Two passengers were also injured in the crash.
Patrick Kelly, legal practice manager at Shine Lawyers, said the law should protect both drivers and livestock, not just owners. 'As it stands, the law only seems to protect livestock owners and does not compel or even encourage behaviours that would see an improvement in road safety or the welfare of livestock,' he said. The Queensland Law Reform Commission recommended abolishing the rule in 1977, but it remains in force.
