Court rules farmer is liable over cow attack.

Byline: Karen Dent

AFARMER has been held liable in court after a woman was seriously injured by cattle when she walked along a public footpath which went through his land.

The case, which Judge Nigel Haworth said was one of the longest and most complex he had dealt with, is now likely to have widespread repercussions for livestock farmers whose land is crossed by public rights of way. Shirley McKaskie, from Greystoke Gill in Cumbria, needed emergency neurosurgery for a head injury and also suffered a fractured arm, ribs and a knee injury after being attacked by part of the herd of beef cattle with calves at foot in May 2003.

She had been using a public footpath across John Cameron's Mill Rigg Farm to a pub in the nearby village of Greystoke with her Jack Russell terrier on an extendable lead when the cows became aggressive.

The judge at Preston Crown Court on Wednesday held Mr Cameron liable for breach of his duty in negligence and under the Occupiers Liability Act 1957.

He was also liable under the terms of the Animals Act 1971 after the court decided, after listening to expert evidence, that it was characteristic of cows with calves at foot to be aggressive, especially towards dogs and people accompanied by dogs.

The case was complicated by a number of issues, including that Miss McKaskie's memory of the incident was incomplete and uncertain, and that her precise route across the fields was unclear. The defendant's lawyers argued that she was a trespasser because her route took her off the line of the footpath. The court held that this was not the case.

Mr Cameron's lawyers also argued that Miss McKaskie knew that cows could be dangerous and so had consented to the risk when she continued to cross the field after she had seen them. However, the judge held that she did not consent to the risk of what happened.

Frank Matthewson, partner at Newcastle lawyers Sintons, acted for Miss McKaskie. He said: "It's definitely a case which is of huge interest to the farming community because just about every farm in the country has a public right of way over it.

"It does have a direct bearing on how they manage the fields over which public footpaths go. They will have to be more careful about what fields they use for particular animals.

"It is also of importance for walkers. Although Ms McKaskie was probably off the line of the footpath and the defendant argued she was a trespasser, the judge said the farmer still owes her a duty.."

The judge refused Mr Cameron leave to appeal on the basis that the prospects of success were not sufficient.

But the legal system allows the defendant to make a request for permission to appeal directly to the Court of Appeal. Mr Cameron's lawyers are expected to take this course.

Unless there is a successful appeal, the court will assess what damages Miss McKaskie is entitled to after hearing further expert evidence.It's definitely a case which is of huge interest to the farming community