Instruction No. 13.5
ANIMALS RUNNING AT LARGE

An owner of [or person who keeps] [cattle, horses, mules, sheep, or other domestic animals] has a duty to exercise ordinary care to keep them from running at large and is responsible for all damage to property and injuries to persons that are directly caused by the [domestic animals]. However, an owner is not liable for damages caused by [domestic animals] that have escaped, unless it is shown that the owner did not exercise ordinary care in confining them in a properly maintained enclosure that is generally adequate to restrain the [domestic animals].

This Instruction should be used with the appropriate instructions for ordinary care and for damages. See Instruction Nos. 9.3, 4.1, 4.2. In addition, where causation is in issue, the appropriate instructions on causation should be given, but they should be modified by replacing references to negligence with references to the defendant's domestic animals. See Instruction Nos. 9.6-9.8. If the plaintiff claims that the owner was negligent because he failed to retrieve the domestic animals after they escaped, then this Instruction should be modified accordingly.

This Instruction is based on Carver v. Ford, 591 P.2d 305, 308 (Okla. 1979) ("An owner of an escaping animal should not be liable if, without his fault, the animal escapes enclosure such as generally required to restrain livestock."). See also Shuck v. Cook, 494 P.2d 306 (Okla. 1972); 4 O.S. 1991 § 98 [4-98] (Oklahoma's Herd Law).