A word of caution when near cattle.

[John Gryphon]

The short answer is no. The House of Lords (now Supreme Court) decided in the case of McGeown v Northern Ireland Housing Association (1994) that a landowner owes no duty under the Occupiers Liability Act 1957, in respect of nonfeasance, to maintain a public right of way passing over his land. In other words, allowing the path to naturally deteriorate is acceptable.

 

[VSS]

First bloke in this 2018 report was killed as a heifer went past and gave him a hoof to the head..

A stock agent has died after being trampled by an animal on a cattle farm at Georges Creek near Tallangatta, southeast of Albury Wodonga, according to Worksafe Victoria.

The man, in his late 50s, was drafting cattle in stockyards on the property just before 9am Thursday when he was struck and killed.

WorkSafe Victoria said it is investigating the tragedy.

The man’s death is the first workplace fatality in the State for 2018. It is also the second involving a stock agent to die in Victoria in the past three weeks. A stock agent died on 15 December when he was crushed by a bull at Dunkeld in the state’s west, according to Worksafe Victoria.

The fatality is also the third to involve livestock in five months. In August a 55-year-old man died when he was crushed by a bull at Bamawm, south of Echuca.

Sounds like you have a better track record than us. Agriculture is the UK's most dangerous industry, with the highest number of workplace accidents and the highest number of fatalities. (And, Incidentally, the highest suicide rate among certain age categories).
Many of the accidents / fatalities involve working with cattle and, sadly, there's also a high number of children killed on farms.

The short answer is no. The House of Lords (now Supreme Court) decided in the case of McGeown v Northern Ireland Housing Association (1994) that a landowner owes no duty under the Occupiers Liability Act 1957, in respect of nonfeasance, to maintain a public right of way passing over his land. In other words, allowing the path to naturally deteriorate is acceptable.

That's interesting. Responsibility for keeping footpaths clear of natural vegetation is something of a moot point between landowners and local councils.

 

[John Gryphon]

between landowners and local councils.

Said councils need to be aware of that paragraph...ooh they wont like it either ha ha as of course it may come back to them having to maintain.

 

[VSS]

Said councils need to be aware of that paragraph...ooh they wont like it either ha ha as of course it may come back to them having to maintain.

To be fair, the local Council have just cleared all the footpaths on my land, and installed new gates and waymarkers. The last time they did that was 26 years ago, so they were about due for a tidy up! Couldn't even find them in some places due to the encroachment of jungle.

Obviously a landowner isn't permitted to deliberately obstruct or close a footpath (except on a temporary basis, for certain specific reasons), and must reinstate the path after it becomes obliterated by activities such as ploughing, but with regard to natural vegetation encroachment we're stuck between a rock and a hard place. It may not be our responsibility to keep the path clear, but if we don't then walkers will simply find an alternative route around the obstruction, which may involve climbing over fences or trampling crops. Worse case scenario is that, after a period of time, the alternative route becomes officially recognised and you end up with two legal footpaths where formally you had just one.

 

[John Gryphon]

The last time they did that was 26 years ago

Reliable ha ha.

 

[User00053]

had a serious battering off a tup due to running and falling and if it had struck my head on first run think i would have been cabbaged or dead! Managed to turn on ground taking impact on upper arm which has never been right since.
Was totally helpless and took several more hits and falls escaping field to jump back into garden
Was cutting hedge at time and he was fine for a while then did surprise attack, actually sheered part of the metal shaft which goes into handle of a pair of garden sheers with double handed swing to upper front of head, no effect that I could see. This was two years ago and the barstuard is alive and dangerous still.
Could not help but think you would have no chance against cattle if it meant it and not playing by throwing weight around. When using shears to head I seriously meant to kill it and wonder if metal had not sheared and had better swing and contact If I could have dropped it, seriously doubt it though.
Prior to attack he and I were on first name terms but he avoids me now and finds me shocking
Edit. Seriously thought when on ground it could have killed me if managed a head strike so be warned!

 

[Tom270]

I have been to several incidents with people and cattle the worst where the dog was picked up to protect it and that ended very badly. Whilst having been on land with cattle walking and shooting for decades with and without a dog, I have only had one problem. I was rabbiting on some old mine spoil heap prone with the .22 in the evening when I heard a thundering of hooves, I looked to my right up the previously empty field to see about a dozen young black males coming down the field full tilt I stood up and they swung towards me the gate is 100 yards over rough ground behind me, still closing on me I threw my arms wide binos in one rifle in other stepped forward and started shouting , the turned away slightly and stopped ,I stateted to back away every time I made 20 yards they came again more waving and shouting ,five times till I made the gate. Thanking God and the farmer for a proper gate easy swinging and a proper catch not tied up with boiler twine.

 

[charlie222]

I've never had a problem with cattle, thankfully. Just last week my mate asked me to help him de-horning one of his less compliant beasts. If everyone who wanted to walk through a field of cows had experienced the power and fury of that beast they'd perhaps be a bit wiser.

 

[reiver]

Until recently I was the H&S officer for the local wildfowling club and had to write risk assesments including cattle in fields.
Cattle are big and protective of their young.
It's simular to riding a motorbike on the road, treat everything and every person as if it wants to kill you and you will survive.
1 Don't go into a field with cows and calves if you have a dog.
2 If you do keep an eye on the cattle and if they approach take the lead of the dog, it can run faster than you and the cows.
3 Stay close to the bounderies.
4 Do not run, a cow will always out run you.
5 Now we get to the brave bit, I worked with cows for 10 years, most are only inquisitive and will bound at you, don't run away, they will run you down, run at them they will scatter. I can guarantee it.
6 It doesn't work if they have small calves, they will just have a great time enjoying themselves jumping up and down on you.
7 Never take your eyes off the cattle.
8 Now the most difficult bit, use common sense.
Have a good day.

I know of a few old farmers who have been killed by cows . Due possibly to them being to slow to get out the road of them !
My neighbour was one of them even though his son warned him not to go in the field on his own with the cows. Cows are also far worse than bulls .

 

[User00053]

surprised me how agile a sheep tup can be and the matador approach don’t work as can turn on a sixpence as someone once said also the length of attack and sheer determination to do harm when aggrieved plus the punishment the head can take, a very serious critter if it wants to be, as for cattle not a chance with all the weight and power.

 

[Jon P]

surprised me how agile a sheep tup can be and the matador approach don’t work as can turn on a sixpence as someone once said also the length of attack and sheer determination to do harm when aggrieved plus the punishment the head can take, a very serious critter if it wants to be, as for cattle not a chance with all the weight and power.

Dislocated my knee cap last June 2022, head butted by a ram, still giving me grief now. Currently recovering for a broken collar bone but that is another story involving a horse,

 

[Rasputin]

Poor chap not a pleasant way to go.

 

[User00053]

Dislocated my knee cap last June 2022, head butted by a ram, still giving me grief now. Currently recovering for a broken collar bone but that is another story involving a horse,

Sorry to hear and hope all heals well, my upper arm never been right since battering by tup and only time I thought I was going to die was on a horse, never ever again

 

[User00053]

Dislocated my knee cap last June 2022, head butted by a ram, still giving me grief now. Currently recovering for a broken collar bone but that is another story involving a horse,

Just got me thinking your knee could have been my head

 

[Bowland blades]

This explains the current situation in the UK…

Landowners, lockdown walkers and the law

What is your duty of care as a landowner to keep people on your land safe? We explain the law and the steps that you can take to comply.

www.brachers.co.uk

it refers to land not livestock ! your just as liable for your cow as you are your dog

 

[Triggermortis]

it refers to land not livestock ! your just as liable for your cow as you are your dog

I think it matters not what the nature of the danger, as a landowner a hazard is a hazard….

“There may be a potential liability under the Occupiers Liability Act 1984 (OLA) which states that an occupier of a property owes a duty to a person who is not a visitor (i.e. a trespasser) if he is aware of a danger or has reasonable grounds to know that one exists.Clearly the 1984 Act recognises it would be unfair to hold occupiers liable for injury to trespassers whom they do not know are present or are likely to be present.So, if you were the owner of private land and have had cause to stop people from entering the land, then this would arguably arm you with knowledge that, although not invited to be there and therefore they are not visitors, people are likely to trespass.The duty is to take care as is reasonable in all the circumstances. “

 

[JTO]

Putting up signs that say:- 'Trespassers will be prosecuted' implies that you know that people trespass on your property, so you have a duty of care towards them. 'Private property, KEEP OUT' is the better wording.

 

[Dunwaters]

All big livestock is dangerous.
Especially horses, they can and will, run both you and your dog down and kick and trample you both.
My father in law came for a walk with me once, there were cattle in the field, they chased the dog and the dog ran back towards us, he was a gentle man, but he kicked the dog away.
” Never let a dog hide behind you with cattle or horses around “ he said.
He was right.

 

[User00035]

Just stay away from livestock if you've got a dog. Full stop. Find another foot path to walk on. The primary function of farmland is to produce food, not provide a leisure facility to dog walkers. If your intended walk has cattle on it, especially cows with calves, go somewhere else.
People have a duty to understand the countryside before they go wandering about in it. It's not "ours" and it's not a "safe space".
The complete avoid of all livestock when walking dogs is a rule that should be added to the countryside code and that code publicised much more widely.
Another example is that it is actually illegal to allow dogs to run off the lead on open-access land between March and October but most people are completely ignorant of the law. If the public were less obsessed with their rights and more aware of their legal responsibilities fewer incidents like this would happen.

In fact I'd go further and say the current countryside code should be a legal charter, not "advice for visitors" and should be heavily publicised so that people understand they have duties as well as rights.

 

[John Gryphon]

Our rule here in law is that if you see a free roaming dog on your farming place you are legally entitled to shoot it.