14 December 2016
Public Liability And Farmers’ Duty of Controlling Their Livestock
For ramblers, dog walkers and people enjoying a stroll in the countryside, when public footpaths lead through farmers’ fields there is a real risk of injury where cattle are close by.
The Health and Safety Executive (HSE) revealed that 74 people have been killed by cows in the last 15 years, according to statistics produced in November 2015.
The majority of victims of severe injuries caused by cattle were farm workers, accounting for 56 of the 74 reported fatalities. The remaining 18 were members of the public, 17 of whom were walking dogs.
Any injuries caused by cattle mean that the farmer is liable.
But when incidents occur on a public footpath that crosses a farmer’s land, it is in fact the farmer’s responsibility. Any injuries caused by cattle mean that the farmer is liable.
The law states that Occupiers Liability Acts 1957 and 1984 require land managers to show a reasonable duty of care towards other people. Further to this, the Animals Act 1971 makes the keeper of an animal "strictly liable" in most cases for injuries caused by their stock.
The HSE has prosecuted a farmer whose cows trampled a man to death.
Professor Mike Porter, 66, was killed while walking along a public footpath with his brother and their dogs after cows charged to protect their calves.
Swindon Crown Court ordered Brian Godwin, 83, to pay £30,000 after failing to put into place appropriate measures, despite previous incidents. The court heard how the herd had attacked ramblers on four previous occasions. Official warnings to install an electric fence had been ignored. Mr Godwin pleaded guilty to a breach of his duty of controlling his livestock. Further to the court costs, he was given a suspended jail sentence due to his age.
Professor Porter’s partner, Adrienne Sillar, told the Daily Telegraph that his death was “avoidable” and called for lessons to be learned to “prevent others in the future being needlessly killed or injured”.
If you would like help or advice about an injury you have suffered in an accident that wasn’t your fault call Slater and Gordon on freephone 0800 916 9046 or contact us online.
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Friday 26th January 2018