Farmers have been warned to make sure they understand their
legal position after a recent spate of attacks by cows on
walkers.
Alex Fair, a lawyer in the agricultural and rural affairs team
at Stratford-based Lodders Solicitors, said farmers who keep
livestock on land with rights of way across it need to have a
thorough understanding of their responsibilities under the Wildlife
and Countryside Act 1981 and other laws.
She spoke out after a recent case in which the judge ruled a
farmer should pay £250,000 in compensation to a woman badly
injured by marauding cows on a footpath while walking her dog.
Four people have been trampled to death by cows in Britain in
the last two months. And the former Home Secretary David Blunkett
suffered bruising and a broken rib when he was attacked by a cow.
In most cases, it seems the cows were "spooked" by the walkers'
dogs, prompting farming and rambling organisations to issue safety
guidance.
Shirley McKaskie was attacked by Simmental-cross cows with
calves that belonged to farmer David Cameron. The attack, while she
was walking her Jack Russell, left her brain-damaged and needing a
wheel-chair after she was tossed in the air, breaking her arm and
several ribs.
Ms Mckaskie had strayed from the right of way because it was
obstructed and followed a diversionary path used by other walkers
and known to Mr Cameron. Mr Cameron's knowledge of the alternative
route meant that Ms Mckasie was not a trespasser.
Miss Fair said anxieties felt by farmers that they could face
similar fines were not necessarily justified.
This case was heard in the county court and is a "first
instance" decision. This means that the judgment is not a legally
binding precedent and so judges in any future cases will not
necessarily have to follow it.
She stressed there were no legal restrictions on keeping cows
with calves in fields with public rights of way.
"Farmers should seek legal advice, however, because they may be
liable in the case of an injury occurring on their land with a
right of way even where there is a tenant in occupation.
"Potential liability could be reduced by preventative steps
including the erection of signs telling people there is livestock
in fields and advising walkers to observe the Countryside Code; the
erection of temporary fencing; placing supplementary feed away from
paths and moving cows and calves out of a field with a right of way
if they are aggressive or not used to people."
She added: "The Country Land and Business Association has issued
guidance notes in the wake of the McKaskie case which include
information about the Wildlife and Countryside Acts, the Animals
Act 1971, the Occupiers Liability Acts of 1957 and 1984 and the
Countryside and Rights of Way Act 2000.
"The guidelines explain occupier's duties in relation to
visitors to the land and those using a right of way.
"There is also a comprehensive list of 39 possible steps
available to a farmer to protect himself - but we strongly
recommend our clients to seek legal advice as a precautionary
measure in achieving best practice."