Barker Gotelee

Recently there has been much publicity over physical injuries caused by livestock.  A particular instance of this has been the case brought by Shirley McKaskie against John Cameron, a Cumbrian farmer.

Miss McKaskie’s claim arose following an incident six years ago in which she was seriously injured by Mr Cameron’s cows which had calves at foot.  Miss McKaskie was walking through a field on a public right of way when accompanied by her dog and was unable to escape from a herd of cattle which included 21 calves aged between 5½ and 9 months.  Although there was no witness to the event, Mr Cameron is understood to have discovered Miss McKaskie in a state of unconsciousness when he heard his cattle blaring and went to investigate.  Mr Cameron took Miss McKaskie back to his house and called for an ambulance.  The injuries sustained by Miss McKaskie proved to be extremely serious and ultimately she brought a claim for damages against Mr Cameron under the Occupiers Liability Act 1957 and 1984, and the Animals Act 1971.  On 1st July at Blackpool County Court Mr Cameron was held to be liable to Miss McKaskie on various grounds.

Mr Cameron was found to have breached the duty of care he owed to visitors to his land by placing cows with calves in a field crossed by a public right of way.  In addition, Mr Cameron was held to be under a duty to take action to ensure that there was no risk posed to users of the footpath on his land.  It was relevant that Mr Cameron was aware that cows with calves at foot could behave aggressively.

Mr Cameron’s lawyers have applied to the Court of Appeal for permission to appeal against the judgement but, in the meantime, farmers are left to consider the consequences of this case.  Farmers need to consider whether any livestock they keep are well handled and are used to people, whether livestock have ever reacted to people or dogs in an aggressive manner before, whether their cattle have very young calves at foot and the route taken by rights of way on their land.

Farmers will need to take proportionate precautionary measures appropriate to the risks they have assessed.  It may be sensible to erect signs to advise walkers of the animals kept in a field and/or to fence off a right of way with temporary fencing if that is an option.  A decision taken at County Court level does not create a binding precedent, and it is unlikely that this case has altered the current law.  However, it serves as a reminder that cows with calves in combination with walkers and their dogs can lead to potentially devastating consequences.

Andrew Nicholson

© Barker Gotelee