Farmers fears after court ruling (From The Westmorland Gazette)

Farmers fears after court ruling

5:36pm Monday 6th July 2009

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FEARS are growing that farmers will be held liable if their cattle attack walkers using footpaths across their land, after a court hearing.

Cumbrian farmer John Cameron was found liable for breach of his duty in negligence at Preston Crown Court, after an incident in 2003 when Shirley McKaskie was attacked by part of a herd of suckler cows.

Mrs McKaskie was walking her dog along a public right of way across Mr Cameron’s farm, at Greystoke, and suffered head injuries, a fractured arm and ribs, and a knee injury.

Mr Cameron is set to apply for permission to appeal the judge’s verdict, which ordered Mr Cameron to pay £250,000 damages and £100,000 costs, but the case could have widespread repercussions for livestock farmers whose land is crossed by footpaths.

Hornby farmer Frank Towers said: “It is a worry. We have quite a few footpaths and quite a few cows with calves. The cows are just protecting their calves.

“It is going to be more and more of a problem because there are more farmers going out of milk production and keeping a few suckler cows.”

Carl Hudspith, NFU’s north west press officer, said: “If you look at the judgement itself, it is a massive document so we are still taking it in. We are going to look at legal advice and what this will mean for farmers before announcing our response.”

The Ramblers’ Association is asking walkers to learn about the risks of being attacked by cattle.

Peter Robin, area footpath secretary of the Lake District branch, said incidents of this kind were very rare.

“I don’t think ramblers want this ruling to change the current situation regarding footpaths. What does concern us is that incidents are invariably provoked by the prescence of a dog. In Kendal we do not arrange any of our rambling walks with dogs.”

Association chief executive Tom Franklin said: “This is a tragic incident, and our hearts go out to Mrs McKaskie and her family. However, the British countryside is working land which is why it’s such a pleasure to walk in.

“As with any working environment, there are certain risks, and it is untenable to remove all those risks from our surroundings.”

Last month, holidaymaker Liz Crowley, 49, was found dead in a field at Gayle, near Hawes, and was thought to have been trying to protect her spaniel and collie dogs after farm animals turned aggressive.

And in 1997 Guy Mackie was attacked by cows as he ran along the Dales Way footpath near Windermere with his dog and had to have his face sewn back together, his lungs drained, and suffered seven broken ribs.

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