Is one liable for a cow that fell into an open pit and died, and is leaving the pit open considered negligence?

If a person digs a well on his property or on unowned land (mawāt) and a human or animal falls into it and dies, the digger is not liable, unless there was an act of aggression (taʿaddī) or deception (taghrīr) on his part. However, if he digs it in the pathway of Muslims or on someone else's property without their permission, then he is liable.