Injury lawyer warns farmers over livestock dangers
An injury lawyer firm has warned farmers that they could be sued for failing to protect the public from their animals.
The law company stated that landowners might only escape public liability charges if an injured person was at fault or found to be trespassing.
As a result, the business issued advice to farmers to be responsible, after a string of personal injury accidents which involved walkers in the UK.
Injury lawyer Jeremy Bradshaw said: "In some instances, the injured party has to prove that the keeper was negligent.
"But in certain instances the keeper is responsible for damage caused by the animal regardless of whether or not there was any negligence or fault on his part."
The warning comes after a spate of deaths, where people have been trampled by cows. A recent case was of a 63-year-old woman, who was walking near Cardiff and went among a herd to put her dog back on its lead. She was then killed by cattle.
In another incident a Cheshire vet, 49, was also trampled to death by stampeding cows as she walked her dogs on holiday in the Yorkshire Dales.
At the time police said the cows, some of which had young calves, became aggressive at the sight of the 49-year-old’s two dogs, a brown and white spaniel and a border collie.
The latest death means that so far, three dog walkers have been trampled to death by cows in a month.
Mr Bradshaw believes the incidents should remind livestock owners about the precautions they need to take.
He noted the Animal Act 1971 said the keeper of animals such as dogs, horses or cattle could be sued for damage. "The keeper is said to be ‘strictly liable’," he commented.
In order to sue, an injured person has to prove that an animal was likely to cause a specific amount of damage or injury.
In some cases the victim can also accept blame or, in certain circumstances, be found to be a trespasser.
Holy cow - what a hefty bill!
This latest advice from the injury lawyer will prove to be very valuable for farmers, especially as one farmer was recently slapped with a £1 million bill, after he was found liable when his cow attacked a woman.
The female was on a public footpath with her jack russell dog on farmland near Greystoke, Cumbria, when she was attacked by cattle.
The 40-head herd of Simmental-cross cows, which had calves at foot, tossed the victim in the air, breaking her arm and ribs and leaving her brain-damaged and needing a wheelchair.
Earlier this month, a judge ruled that the farmer should pay £250,000 compensation plus legal costs for her injuries his cattle inflicted in 2003.
While there are restrictions on bulls of certain breeds and ages there are no legal restrictions on keeping cows with calves in fields with public rights of way.
"That's not to say farmers don't have a liability if someone's injured if they walk through a field,” said legal advisor Nina Winters.
"The key thing you need to do is make an assessment about the risks posed by your cattle and address them using proportionate measures," said Ms Winters.
However, she stated that farmers should not panic. "The thing to remember is these incidents are rare. Cattle are usually very docile so these cases must be put into context."
Updated on 10/08/2009