A woman who was trampled by cows is suing the animals’ owner for £1m.
Shirley McKaskie was walking across a field at Greystoke, Cumbria, when she was attacked by a herd of cows belonging to farmer John Cameron, of Greyrigg Farm. The 49-year-old had used a footpath across the field but had strayed off the public right of way.
Mr Cameron found her unconscious in the field after the attack and took her to his farmhouse. She was then taken to hospital where she needed brain surgery.
Ms McKaskie, who had recently moved into the area, is seeking £1m compensation for her injuries. The incident happened when she was crossing the field on her way to meet her partner in a pub at nearby Greystoke Gill.
Her legal representative Christopher Purchas QC told the hearing at Preston County Court that company director Ms McKaskie had managed to get her jack russell terrier Tina over a stile to safety but that she was then ‘tossed around’ by the cows, each of which weighed half a ton.
The animals, he said, acted aggressively. "Cows with calves at foot can be unpredictable and give rise to risk to any members of the public crossing a field, Mr Purchas told the court.
The farmer had a duty, under Common Law, to take reasonable steps to warn the public of the danger.
He said: "The first thing to do is to put up a notice to inform members of the public that that is the situation."
There was a sign marking a public footpath across the field, but a well trodden alternative path was used by many walkers. The court heard Ms McKaskie had diverted from the public footpath, but it was not evident by how far. Straying from the public right of way would make her a trespasser and she would therefore lose the protection of the law.
But Mr Purchas said Mr Cameron had ‘implied licence or consent’ to walkers by not putting up a warning sign.
Ms McKaskie, who was in a wheelchair in court, was cross-examined by Mr Cameron’s barrister Graham Eklund QC. "You must have appreciated this was farmland for animals?” he asked.
"You must have appreciated there might be animals in the field?"
"Yes,” Ms McKaskie replied, “But you would not expect dangerous animals if there was a public footpath."
Earlier, Ms McKaskie was asked by her own counsel, if there had been a sign warning of animals in the field, whether she would have gone into it.
"No definitely not," she told him.
The Health and Safety Executive took no action after investigating the incident in May 2003.
The case continues.
Guest
26 June 2008The woman should have realised that dogs and cows don't mix. This should be laughed out of court.
Pete
26 June 2008Is this another example of new comers to the countryside trying to change the way of traditional farming?It seems the lady in question was an educated person then surely she would have read of similar incidents happening before,most of them involving dog walkers.At least she had the sense to get the dog out of the way but too late it seems.
Colin
26 June 2008She should give the farmer a million quid for saving her life.
Guest
26 June 2008My first questions would be, 'Was she using a map?' 'was the dog on a lead, if not was the dog annoying the cows?' 'was the footpath clearly and correctly waymarked?'
Jon
27 June 2008If I had been that lady, I would have got myself over the stile, and left the cows trying to catch up with the dog. Since she has sued the farmer over something which appears to be at least partly her own fault, my sympathies lie with the farmer. I wonder if he now has moments when he wishes he'd just left her lying there. More seriously, it's very bad that the lady was badly hurt, but bad things happen, and we surely don't need signs everywhere to point that out? Should we have a sign every 50 yards on every pavement pointing out that roads are dangerous places?
Guest
30 June 2008Whilst on a walk this weekend with our dog, we came across a public right of way with cowes, calves and a couple of bulls in the field. I found this very intimidating and thought that there should be better protection for members of the public who are out for a walk in the countryside, we did keep our dog on a lead and waited for about half an hour for the cowes to clear the footpath before entering. I understand that it's the farmers field but also think that the farmers have a duty to consider the public's safety.
Dave
30 June 2008Just remeber, the farmer has a legal obligation not to keep dangerous animals in a field with a public footpath, and animals will only attack if they feel threatened. The vast majority of animals that attack are usually going for the dog. If that happens let the dog run off, he can run faster than cows. If your not sure, walk around them and re-join the footpath later. two basic rules - never get between a bull and his mate(s), And never get between a calf an its mother. Other than that enjoy yourself. Cows are curious animals and often come towards you, will always stop before they get to you.
OldManOfTheHills
01 July 2008Very sad for the lady, but her own fault for taking dog into a cowfield. I've seen this before with other supposedly experienced walkers who clearly haven't a clue, who often let dog off lead. Cows are not dangerous animals except when people let "wolves" near their young.
Guest
02 July 2008Whilst walking around Buttermere a springer spaniel - off lead - ran full tilt at me and knocked me flying!! The dippy 'owner' said "oh I'm sorry she does that" . My wife promptly walked up to the Lady and slapped her full on the face - getting up I replied "oh I'm sorry she does that".
Lancaster rover
31 July 2008I'm looking after a friends dog for a few weeks (a lovely lurcher) and am noticing how few are the rural adventures I can take her on. Too many cars and cows these days! Therefore the country lanes I usually cycle down are impassable with a dog, and my usual country footpaths cross fields full of cattle, which is a bad idea with the hound! As I don't drive, it is particularly hard to get the dog to places where I can walk her freely. Perhaps it would be good to redraw the UK countryside's paths - and make a new network of leisure paths, fenced off from cattle. All this would require would be an extra row of posts and barbed wire along the edges of some fields (paid for by local councils / govt ?) Also most footpaths lead between farmyards, a legacy from their past use providing passage for agricultural labour. They also are not intended to take in landscape features for the same reason. But us leisure walkers would rather not go through farmyards, but climb hilltops, skirt woodland and follow rivers. A new footpath network might cost the govt a bit, but it would boost the rural economy through tourism, and get us out of the way of the farming industry.
Guest
14 August 2008I'm assuming the last post was a joke. The countryside is a place of work, where people are currently struggling to make a living, not a theme park for dog owners. Its dog owners repsonsiblity to ensure they comply with the rules of the countryside, which are, you don't take a dog into a field full of stock and never off the lead. I'm getting sick of dog owners who all seem to assume that they have a right to let their pets wander wherever they like.
Caroline Black
13 May 2009Coming from Scotland where there is a right of access code, I and many others from Scotland and all over Britain can come and enjoy the benefits of the countryside, hills, mountains lochs, the list goes on. In fact its become rather successful in the countryside, and the tourist trade is now supporting agriculture and some of those "struggling to make a living". Many paths are funded by government schemes and bring much needed support to these areas. This does bring me back to the point. A woman was injured with her dog. Many people know the dangers of cattle with young,, any animal with young. But not everyone. An example with myself was when after I had been out for a 6 and a half hour hike, I came back the same way to find cattle all over the lower area of a field with (all rights of access here) path. I knew I needed to avoid them and skirted the area through a rough and very boggy area. Not everyone knows this and there should be signs around warning of dangers. Of course Ive now reported this as the owner has fences paid and grants provided so, yep we walkers with or without dogs, who buy your vegetables and your beef, to keep you in a living, do have a say. (with respect to the many farmers up my way who are wonderful, friendly supportive and do have signs up)
carol owen
17 May 2009ive just come home after a 7 mile hike through farmland.a fellow walker had told me the farmer could be aggressive if going on his land ,despite public right of way.i was keeping an eye out towards the farmhouse and didnt notice the 20 or so cows come towards me and virtually standing in a straight line .as i turned around i was so frightened ,i had no idea what to do so promply fell into the wet ditch. the cows ran off (laughing?)and i got up ,they came back for a curtain call ,(i was less frightened when confronting a bear in the canadian rockies last year as i had read the rules).they seemed to be sneakin up to me slowly ,but eventually left .so here i am trying to learn the rules of cow safty.ps a lady is in itu at the moment after being "got" by cows here on the isle of man ....carol
Heather Ransome
09 July 2009I think your all missing the point which I haope the Farmer's barrister points out. The lady strayed from the foot path, it is then her risk where she goes. If the Farmer kept his animals away from the foot path, she has no claim on him. I expect that's why the HSE did not take it to court.
Jock
11 July 2009Aargh! Caroline Black- go back and read your posting-I live in Scotland too. You make it sound of farmers should be rushing to your feet to worship for you buying your vegetables and beef from them while you amble at will through any part of a workplace. Farmer got grants for fencing did he or she? He still had to pay over half of the cost so you can enjoy your walk ( bet he doesnt have time for 6 hour rambles)Farmers pay for you to be employed as well-am so tired of people who self righteously make comments about Well we buy food from farmers dont we i.e put up and shut up. If I walked my pet tiger through your workplace ( on a lead) Im darn certain you wouldn't smile happily and say thank you very much.Take yourself off for a month and go and work on one of these farms you seem to deplore and learn why farmers get uptight about your rambling