AN agricultural expert has urged walkers and farmers to protect themselves from the risk of cattle attacks.
Rupert Wailes-Fairbairn, of rural insurance broker Lycetts, issued the warning as growing numbers of families and ramblers return to rural areas following the removal of lockdown restrictions and the advent of warmer weather.
The warning comes after a farmer received a prison sentence of 12 weeks, suspended for 12 months, and was fined £878 and ordered to pay £7,820.30 in costs after an 83-year-old man was fatally trampled by cattle in Lancashire.
Christopher Paul Sharpe, partner in J H Sharp and Son, was sentenced in February for safety breaches after the pensioner died when he was trampled on by a herd of cows.
Leeds Magistrates’ Court heard how on May 30, 2020, David Tinniswood and his wife were attacked by cattle whilst following a public right of way across Ivescar Farm at Chapel-Le–Dale in Carnforth.
An investigation by the Health and Safety Executive (HSE) found that the couple were walking on a footpath that passed through the yard at Ivescar Farm, following a right of way that runs from the farm down to the road.
They were accompanied by two border terriers. The couple were attacked by cattle that were grazing in the field with calves at foot.
The 83-year-old man was trampled and pronounced dead at the scene and his wife sustained serious injuries.
Christopher Paul Sharpe of Ivescar Farm, Chapel le Dale, Carnforth, pleaded guilty to breaching Section 3 (2) of the Health and Safety at Work etc Act 1974.
Speaking after the hearing, HSE inspector Julian Franklin said: “A number of measures could have been taken to safeguard walkers using the path, while cattle and calves were grazing in that field.
“Firstly, not using that field for cattle and calves. Most farmers will have other groups of stock that can graze fields containing rights of way, so can reduce the risk of incidents by putting sheep in them, or they could take fodder crops from them.
"Cattle with calves can be put in fields without rights of way, away from members of the public, or can be segregated from walkers.
“Farmers should ensure they take all reasonably practicable precautions to protect walkers on public rights of way, especially when they are grazing cows and calves together, or bulls are present.”
According to Health and Safety Executive figures, 11 people were killed by cows and bulls between April 2020 and March 2021. Six of the deaths were caused by cattle, and five by bulls.
Rupert Wailes-Fairbairn said: “It is important that walkers use public rights of way and marked paths only.
“To avoid getting lost and being tempted to cut across fields, walking routes should be planned in advance and it is sensible to have a map.
“Farmers may have deliberately left gates open – or closed – to control livestock movement, so the public should leave them as they find them.
“Young animals should not be approached or petted, as their parents are very protective and may react violently to any perceived threat.
"A solitary adult cow may look placid and photogenic but, again, they should not be approached as there is no way of knowing their temperament.
“There have also been a number of incidents where dogs have triggered cattle to attack and so it is vital that walkers ensure their pets are on a lead whenever in the presence of livestock.”
Farm workers and farmers have been among the fatalities, and farmers also risk imprisonment and losing their livelihoods if they fail to meet their responsibilities.
Under the Occupiers Liability Acts 1957 and 1984, land managers are required to demonstrate a reasonable duty of care to others.
In addition, the Animals Act 1971 makes the keeper of an animal strictly liable, in the majority of cases, where injuries are caused.
If any injury occurs on a public footpath that crosses a farmer’s land, the responsibility lies with the farmer.
Mr Wailes-Fairbairn added: “Farmers should conduct daily checks for damage on perimeter fencing, wires and rails, which should be well-maintained and secure.
"Routes for the movement of cattle should be planned in advance. Efforts should be made to minimise any contact with members of the public and to warn them to stay at a safe distance while the ‘move’ is taking place.
“Certain breeds of bulls that are more than ten months old are banned by law from being left to roam at large in fields crossed by public rights of way.
"In addition, bulls of any other breed aged over ten months are banned from fields with footpaths unless they are accompanied by cows or heifers.
“Signs should be informative, accurate and in clear view of the public when animals are present.”
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