Migration from predominantly urban to rural areas is on the rise, and resulted in an influx of 84,600 new settlers to the UK countryside in 2019-20. With such a significant number, the often-overlooked issue of cow trampling is becoming more prominent, necessitating a balance between public access and livestock safety.
Out of the countless cattle attacks reported between 1993 and 2013, 24% resulted in fatalities and the rest left life-long injuries. As per the Health & Safety Executive (HSE), on an average 4-5 workers and common people are killed by cattle each year.
Cow trampling events occur in different scenarios but generally occur where a herd of cows is present in a public area. The situation can escalate if the cows are triggered by sudden sounds or movements, large crowds, and even due to unleashed pets straying closer to them than they are comfortable with. Separation from their calves may also provoke a cow’s maternal instincts which may cause them to act aggressively.
Complicated herd dynamics and hierarchical structures can also cause some cows to dominate, leading to collective aggression. Moreover, certain cow breeds, such as the Limousin and the Charolais are more prone to hostility, which requires farmers and the general public to be extremely cautious around them.
Farmer Liability Cases Involving Cow Trampling
Here, we provide examples of some recent cow trampling incidents that have led to action being taken against farmers.
In 2021, Janicke Tvedt and David Hood were out for a walk with their dog across an open filed in Ripon, North Yorkshire, where they were confronted by a herd of cows which unexpectedly attacked them. In a bid to survive, the couple resorted to climbing a tree which got surrounded by more than a dozen cows. 57-year-old Mrs Tvedt suffered several life-altering injuries and long-term distress which still gives her severe anxiety when walking around the countryside.
The farmer in charge was prosecuted by the HSE for negligence of livestock in a public right of way, and for ignoring the protocols for public safety. He was heavily fined and ordered to cover all costs due to violations of health and safety regulations.
Another example is an incident that occurred in 2022, where Patrick Atherton, a retired chartered surveyor, experienced a harrowing ordeal while walking his dog in Devon. While on the public footpath, a black cow suddenly charged at them, hurling Atherton to the ground and continually trampling his dog. Seven other cows joined the assault and both victims sustained severe injuries, which unfortunately led to the dog’s death.
The attack came to a halt when the farmer in charge called out to the herd, causing them to retreat to the farm. The same farmer was held accountable by the HSE for the incident due to his negligence in leaving cattle unguarded in an area frequented by pedestrians.
These cases highlight the pressing need for farm businesses to prioritise public safety while managing livestock and to consider the legal implications of such attacks on the business, which are often ignored.
Whilst these incidents demonstrate what can happen when herds are not properly managed, raising public awareness on safety protocols can often prevent such occurrences. For instance:
- Always keep your dog on lead, as cows see dogs as a bigger threat than humans.
- In the event of an attack, release your dog and run to safety. As dogs are quicker than cows, this provides both of you with a better chance to protect yourselves.
- Maintain a considerable distance from the livestock, giving them plenty space to move around.
Laws Concerning Cow Trampling
When a cow trampling occurs, farmers can be legally charged for violating the safety of their livestock and visitors, as legal precedents and HSE directives influence a farmer’s liability in these cases. Moreover, navigating the legal landscape of cow trampling calls for a careful balance between the protection of farmers and ensuring fair compensation for the claimants. Therefore, cattle farmers and residents of the countryside must be aware of the following laws:
Occupiers Liability Act:
The Occupiers Liability Act of 1957 establishes that landowners are responsible for ensuring the safety of those who visit their land or property and may be liable to compensate for any injury a visitor might experience. The act stipulates that the owner must ensure visitor’s safety by taking ‘reasonable safety’ measures to prevent accidents. For example, if a visitor is attacked by a herd of cows while walking along a right of way in someone else’s field, the field’s owner may be charged with violating the act, if it is found that the cows were not properly managed and proper danger signs were not posted.
The act also implies that visitors have a duty to exercise care for their own safety, and any negligence on their part can be factored into a claim.
Duty to Mitigate Loss:
Established in common law, the Duty to Mitigate Loss places responsibility for safety on the visitor as well as the landowner. To illustrate, a claimant must take care of their own safety and avoid engaging in any behaviour that might put them in danger on someone else’s property. A claimant may not be able to seek compensation for injuries sustained if they did not take reasonable steps to avoid them.
In the case of the example above, if the visitor did not respect danger signs put up around the farm, approached the cattle to get a better view or triggered them intentionally for fun, then the farm owner is unlikely to be held liable for compensation as the visitor put themself in jeopardy.
While the two legal frameworks serve different interests, they often complement each other by promoting mutual responsibility between both parties.
Animals Act 1971
The Animal’s Act of 1971 has clearly distinguished between ‘dangerous’ and non-dangerous’ animals and lays out different rules for both for proving the liability of the owner. As per the act, cattle are frequently domesticated in the UK and considered non-dangerous. However, to determine the viability of a claim for compensation in the case of a cow attack, three main conditions must be satisfied:
- The damage must be severe and such that the animal is prone to cause unless contained.
- Such damage is caused due to special characteristics present in the cow that makes it prone to aggression, such as certain volatile breeds, or the presence of its calves.
- Finally, if the keeper is aware of these traits and knows that its cows can pose threat to visitor safety, compensation may be sought.
Moreover, the act also factors in negligence on part of the claimant and does not fault the defendant in those cases.
How Rural Protect Can Help
When a cow trampling occurs, farmers can be legally charged for violating the safety of their livestock and visitors, as legal precedents and HSE directives influence a farmer’s liability in these cases.
Rural Protect is a Management Liability insurance specifically designed for the agricultural sector, which can be hugely beneficial in these situations. Moreover, Rural Protect aims to shield a farmer from claims contending harm due to negligence and wrongdoing.
Not only can Rural Protect support a farmer financially with legal costs to defend themselves and their business in such a case as the above, it can also cover compensation demands and damages. Ultimately, it provides a safety net to help farmers navigate through the complexities of the legal system when facing accusations.
Rural Protect also covers the HSE’s Fee for Intervention (FFI) and provides farming businesses with an experienced lawyer to work on their behalf should they need it. This level of support can be invaluable in shielding farmers from public criticism and negative PR, which could tarnish their reputation and affect business. By having this coverage, farmers are better equipped to manage potential legal challenges and protect their livelihoods.
Risk Awareness and Mitigation Techniques
While public rights of way enable the wider public to appreciate the beauty of the countryside, there is a pressing need to increase awareness about the risks of trampling and strategies for their prevention. Although safety is a shared responsibility between farmers and visitors, the ultimate duty of protection falls on the farmer, who must ensure the presence of warning signs and proper fencing to prevent dangerous encounters with cattle, amongst other things.
HSE’s attempt at promoting safety and mitigating risks on British farms in 2024 is the ‘Your Farm, Your Future’ campaign, which focuses on livestock management. They also have other free resources such as this blog that provides guidance on how to stay safe around cattle in the countryside.
Rural Protect acknowledges the importance of implementing risk mitigation techniques with respect to cow trampling and offers the services of rradar, a law firm which specialises in supporting the agricultural sector through Rural Protect, as part of the policy. As per rradar, there are several ways in which tramplings can look to be avoided by farmers, a few of which are listed below:
- Carry out regular health check-ups to spot any conditions that may cause aggressive or irritable behaviour in cattle.
- Keep cattle away from public rights of ways to ensure minimum contact with the public; and toughen fencing wherever required.
- Put up proper signage across the fields to warn visitors and mention high levels of risk if needed.
The comprehensive list of risk mitigation techniques by rradar can be found here.
Rural Protect for Cattle Farmers
Rural businesses of all sizes, complexities and structures should consider including a Rural Protect Management Liability policy in their insurance portfolio, as it provides vital protection. If your business operates within the rural industry, consider Rural Protect and the advantages it can offer. Read more about Rural Protect & Rural Protect Elements.
If you want to know more about Rural Protect or would like to talk to us about how we can help you help your rural clients, please contact us on 01653 609152 or at farrm@mcclarroninsurance.com.
