The Oklahoma Bar Journal February 2024

One of the best examples of the effect of Oklahoma’s agricultural law on other areas of the law may be the duties and requirements associated with the restraint of “domestic animals.” 13 Not only is Oklahoma not an “open range state,” but 4 O.S. §98 requires that “all domestic animals shall be restrained by the owner thereof at all times and seasons of the year from running at large in the State of Oklahoma.” When those domestic animals escape restraint, though, that’s when things get interesting. Anyone who has been involved with animal husbandry for any length of time knows that some, if not most, animals seem to think the grass is always greener on the other side of the fence. No matter the amount of sustenance and comfort provided, they seem to think better pastures exist. The duty of care required in ensuring the restraint of those animals is determined by the damage result ing from their escape. In Shuck v. Cook , 14 the Oklahoma Supreme Court held that it was the

pesticide complaint statement can be downloaded with directions for filling out and filing with ODAFF. On the other hand, in defense of an applicator, a request to ODAFF under the Open Records Act 12 will reveal whether the §3-82(H) defense is available, as well as the results, if any, of any investigations performed by ODAFF in response to a written complaint statement. I’m sure we all have that one thing that, “If I had a nickel for every time that I’ve heard [fill in the blank], I’d be rich.” For me, it would be that “Oklahoma is an open-range state.” Well, it’s not and hasn’t been since “Grazing in Open Range Counties” was repealed in 1966. What I think those well- intentioned but uninformed souls are referring to is the perceived lack of liability for damage that may result from the escape of their animals from their fencing or other restraints. That, however, is not entirely correct either. RESTRAINT OF DOMESTIC ANIMALS

Pesticide damage claims come in many forms. They result from both direct applications of pesti cides and drift, i.e. , movement of pesticides from their intended tar gets. As you might imagine, causes of action in these matters range from breach of contract and sim ple negligence to trespassing and everything in between. However, 2 O.S. §3-82(H) does not differen tiate between types of claims or causes of action. Instead, it unequiv ocally provides that the “failure to file a written statement of damages pursuant to the statute is certainly fatal to a plaintiff’s lawsuit.” 11 Should you ever find yourself with a client who believes that their crops or growing plants were damaged by pesticides, you should determine if a written complaint statement has been filed with ODAFF, and if it hasn’t, one must be filed immediately. Fortunately, ODAFF provides two online sources for accomplishing this. By visiting ag.ok.gov/pesticides, an online statement can be sub mitted directly to ODAFF, or a

I’m sure we all have that one thing that, ‘If I had a nickel for every time that I’ve heard [fill in the blank], I’d be rich.’ For me, it would be that ‘Oklahoma is an open-range state.’ Well, it’s not and hasn’t been since ‘Grazing in Open Range Counties’ was repealed in 1966.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

FEBRUARY 2024 | 31

THE OKLAHOMA BAR JOURNAL