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A spate of recent cases involving cows attacking people has seen the courts award hundreds of thousands of pounds in compensation. Mark Richardson from regional law firm Stephens Scown reminds landowners of their legal obligations and sensible steps they can take to avoid being sued....
Most of us will have taken a leisurely stroll through the open countryside at some point, perhaps crossing a field full of cattle without a second thought. It is easy to be lulled into a false sense of security when our traditionally held view of a cow is a gentle-giant with sleepy eyes, chewing nature's cud. But a recent court ruling on the case of walker Shirlee McKaskie concluded that cows with calves do bear an aggressive characteristic, although cows will not normally be regarded as aggressive.
Shirlee McKaskie was seriously injured by cattle whilst out walking in 2003 and a judge has ruled the farmer was liable and owed a duty of care because he had not properly considered the risk. Farmer John Cameron is appealing against the judgement which leaves him with over £100,000 legal costs and an interim compensation payout of £250,000 - final compensation will depend on the result of the appeal, but could be as much as £1 million.
Over recent months there have been a number of cases involving walkers and their dogs being seriously injured or even killed by cows - although in real terms the chances of it happening are pretty rare with millions of people walking through fields every year.
Last month the former Home Secretary David Blunkett was injured by a charging cow while out walking with his guide dog in the Peak District. He suffered a broken rib and bruising.
The incident was followed by the death of vet Liz Crowsley who was trampled by a herd of cows - it's thought the cattle became aggressive after seeing her two dogs on the Pennine Way. Another man, in a separate incident, suffered spinal injuries after being trampled by a cow on farmland near Bath.
In all these cases, it is thought the cows were trying to drive off their dogs to protect their young calves. The Health & Safety Executive says the two most common factors in incidents are cows with calves and walkers with dogs.
So who's liable and where do sensible precautions begin? In legal terms, it is a complex picture and each case will depend on individual circumstances - the liability of the landowner will depend on whether the person injured is a trespasser, a lawful visitor or using a public right of way. The Animals Act 1971 makes the keeper of an animal ‘strictly liable' in most cases for injuries caused by their stock.
The farmer or landowner has a duty of care to make sure any lawful visitor will be reasonably safe on the land when they're invited or permitted to be there. The law says a farmer or landowner should not be held liable for injuries suffered by those taking voluntary risks in the face of obvious dangers.
With trespassing or public rights of way, a farmer or landowner has a duty of care as is reasonable in all the circumstances so that the person does not suffer injury. The duty may be discharged by taking reasonable steps to give warning of the dangers or discourage people from taking the risk. No duty is owed in respect of risks willingly accepted by the person injured.
But what if the walker leaves the designated path? Who's responsible for their safety then? In the case of Shirlee McKaskie, the judge still ruled the farmer was guilty of a breach of duty of care because he accepted that other walkers had used the route she took previously.
The footpath was also blocked by nettles, allowing users of the right of way to deviate around them and there were no signs at the site to show the correct route of the path. The judge ruled Ms McKaskie had not consented to the risk that the cows might attack when she entered the field.
Before putting any cattle in fields with public access, farmers and landowners across the Westcountry can take a number of practical steps to minimise the risk. They can make sure they have signage identifying the correct route of the path and maybe fence off the path alongside a public right of way so that cattle and people are kept separate. Take care not to obstruct rights of way by fencing across them and keep paths clear. Check fences, gates and stiles and consider whether cattle with calves should be kept away from rights of way, ideally in a separate field.
As well as taking these precautionary measures, of course, landowners should ensure they also have appropriate public liability insurance cover in place.
In time, the case of Ms McKaskie could set a legal precedent and mean farmers having to remove their cattle from fields, although there is nothing in law to prevent farmers putting cattle and calves in fields with public footpaths.
It has been the case for some time that bulls over the age of ten months should not be kept in fields with public rights of way. It is actually against the law to keep a recognised dairy bull in a field crossed by a public right of way.
Spring and summer are months when cattle are particularly vulnerable and could be liable to being easily scared - the weather, illness or other factors may also play a part. Occasionally they will feel threatened, particularly with dogs around, and may become over-protective of their off-spring.
The advice is clear - for farmers and landowners, it's best to take all sensible precautions and for walkers who find themselves in a field of wary cattle, move away as carefully and quietly as possible, keep dogs close and on a lead and do not panic or make sudden movements.
Without wishing to sound like the fun police or the ‘elf and safety enforcer, with each cow weighing around 1,000lb (450kg) on average, it's best to steer clear. All large animals are potentially dangerous and even a gentle knock could result in people being injured this summer.
