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Warning for Midlands farmers after cow attacks

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."

 

 

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Article published by Midlands Business News on 7 September, 2009

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