A recent prosecution by the Health & Safety Executive after a dog walker was trampled by cattle has prompted renewed warnings to agricultural landowners as cattle return to fields this spring.
The incident in Porthcothan, Cornwall, involved cows with calves on a public footpath, highlighting the potential risks when livestock and members of the public share access to fields.
Criminal litigation specialist Bridget Sanger, from Clarke Willmott LLP, says the prosecution underlines the fact that public safety cannot be an afterthought when turning cattle out in fields used by walkers.
“Farmers have a legal duty to ensure the safety of anyone on their land, including walkers using public rights of way,” said Bridget.
“Each year, animal-related injuries rank among the top five causes of fatalities in the agricultural sector, so it’s vital to take proactive steps to reduce risks.
“Where possible, avoid placing cows with calves in fields accessible to the public, and assess animal temperament before turnout.
“Clear signage, secure fencing, and alternative routes for walkers can make a real difference in preventing incidents.”
The farmer in the Cornwall prosecution pleaded guilty to breaching section 3 of the Health and Safety at Work Act 1974 and was fined £5,260.
“Consider the risk to the public when planning spring turnout,” added Bridget, who represents and advises companies and individuals investigated in the criminal courts.
“It’s safest to assume that visitors may be children, have limited mobility, or have never encountered cattle before, and plan accordingly. It is important to note that it is your responsibility to keep the public safe and that they are entitled to walk safely across rights of way”.
For practical guidance, the Health and Safety Executive provides recommendations on managing risks associated with cattle (AIS17), including:
- Avoid placing cows with calves in fields with public access where possible.
- Assess animal temperament before turnout; do not use aggressive or injured cattle in public fields.
- Consider alternative routes for walkers while maintaining public rights of way.
- Keep beef bulls out of fields with footpaths unless accompanied by cows or heifers; certain breeds should never be in accessible fields.
- Use appropriate enclosures, including electric fencing, and maintain safe plans for moving cattle.
- Signpost public access routes and warn visitors of livestock.
- Account for additional risks to children, those with limited mobility, or people unfamiliar with cattle.
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