The McKaskie ruling may have implications for rights of way where cattle are kept
A court has ordered a farmer to pay £¼ million compensation to a walker who was left severely injured when cows trampled her on his land.
Shirley McKaskie was walking with her jack russell dog across farmland at Greystoke, Cumbria, when she was attacked by a herd with calves six years ago. The ruling could have implications for all routes where public rights of way cross farmland.
The businesswoman, now 54, was walking with her dogs to meet her partner at the pub when the incident took place. She now has to use a wheelchair and is brain damaged. She needed emergency brain surgery after the attack, which also left her with a broken arm, broken ribs and multiple bruising.
Farmer John Cameron found her unconscious and transported her on his quad bike back to his farmhouse, from where she was rushed to hospital.
Mr Cameron has said he will appeal the judgement, which also leaves him with legal costs of more than £100,000. The interim compensation was set at £250,000. The final compensation amount will depend on the result of the appeal and an assessment of Ms McKaskie’s needs.
Sitting at Blackpool County Court, His Honour Judge Nigel Howarth heard that Ms McKaskie strayed from the designated right of way, but ruled that Mr Cameron was still guilty of a breach of duty of care because he had accepted walkers using the route she took previously. The footpath was also blocked by nettles, which entitled users of the right of way to deviate around them.
There were also no signs at the site to indicate the correct route of the path.
Each Simmental-cross cow weighed half a ton. Ms McKaskie was left with little recollection of the incident, in which she is believed to have been tossed around by the herd of 40, before being trampled by them.
Judge Howarth ruled that she had not consented to the risk that the cows might attack when she entered the field. Her original claim was for £1m.
Although the case is likely to set a precedent, Judge Howarth stated that each case would depend on the circumstances. The Health and Safety Executive investigated the incident but decided to take no action.
Last month, vet Liz Crowsley was killed by a herd of cows on the Pennine Way at Gayle, near Hawes, North Yorkshire. She too was walking with dogs when the cattle turned on her.
See also
Rhodesy
07 July 2009Stupid woman - this is going to make farmers more likely to make things harder for us. They are going to want to close paths, new ones aren't going to be opened, and they're going to be wary and even hostile towards us. This womans sheer stupidity could ruin things for thousands.
Martin
08 July 2009A trifle harsh, surely? I'm interested in the way this only seems to have become an issue over the past decade or so - did it not happen before then, or was it just unreported? The legislation only forbids the placing of bulls of certain breeds in fields with public rights of way; if case law after the appeal (this was county court, so not a binding precedent) means farmers can't put cows with calves in them, that as you say is a serious problem. Some farmers could find themselves pretty much unable to keep cattle - it won't encourage them to welcome visitors. On the Offas Dyke earlier this year we passed through a lovely and very docile, although potentially rather intimidating herd of longhorns that are actually mentioned in the guidebook...
Jon
08 July 2009That's rather harsh Rhodesy, though I certainly think the farmer has been hard done by - it seems to have been a minor breach of his "duty of care" and if the lady had had the sense to let go of the lead she would almost certainly have been fine. I also note that the farmer did his best for her - without his actions she might have died.
Jhimmy
08 July 2009There's one thing everyone's forgetting. To the farmer, this is his place of work and livelyhood. To the woman it's a playfield for her dogs to walk.
With the risk of being stoned by the right to roam mob, the cattle have more right to be in the fields then ramblers or dog walkers. Therefore, if you see cattle in the fields respect them!
Phil
08 July 2009I would hope this is overturned on appeal. Whilst it is a sad case walkers should realise the issue of dogs around cows and take care appropriately. As has been said, this is likely to make to make relations between farmers and walkers all the more difficult.
DAN
09 July 2009Simple, if dogs are the problem then they should be banned from using all fields with cattle in them!!!
Jock
11 July 2009Dont think its enough to say let go of dogs lead if attacked-most dogs will run to the pack leader-the walker-for safety and cows will have a go at both. Someone says it doesnt seem to have been such an issue a decade ago-people were more respectful of livestock then and there were fewer walkers and less dogs.I am very sorry for the dreadful injuries the lady suffered but surely she should have risk assessed her walk before entering the field-there are endless leaflets of safe countryside use which all state dangers of dogs and livestock. To me this highlights the ever increasing distance of people from primary food production - tragic!
Local
14 July 2009It must be made clear that a "right of way" is just that. If this walker had been "on the footpath" then the cows would certainly not have held back!
Whilst it is hard for the farmer to be on the receiving end of a test case, it must be recognised that the victim is now in a wheel chair.
There have been other cases locally (I am local to the incident) where farmers have complained of people taking dogs onto their land when there are cows with calves. But this is in areas where there is advertised access for walkers. The response of "the walkers should have known" is not acceptable. There is no reason for anyone to see a right of access as being potentially lethal!
If the farmers think that walkers "should know" about the dangers, then they must also accept that they themselves "should know" that people will need relevant information if they are to remain safe.
I feel sorry for both parties in this case. I hope that the outcome will be clearer legislation and no more tragedies.
Country Person
25 August 2009I agree with Local. The woman was not stupid. She was legitimately using a legal right of way.
Farmers can't just close paths either.
Lakes Walker
04 March 2010Local has hit the nail on the head, this is the Lake District not the South American jungle. The farmers know full well that people walk in their area, they possibly run a B&B as well to diversify from pure farming. They also receive subsidies to compensate them for the inconvenience of tourists. During foot & mouth farmers realised how dependent they were on tourism & were grateful to see tourists again to boost local incomes. In my experience farmers let the cattle out after a long winter in sheds, the cattle are extremely excited by walkers, especially those with dogs as they are subjected to the farmer's dog moving them around. We regularily have to defend ouselves or climb over the fence or put the dog in the next field or do a detour to protect ourselves from the cattle at all times of the year . We have walked with & without a dog & the same problems exist. We know of some farmers who deliberately put the cows in the fields with paths in them to keep the walkers out. We know of other routes that have had the path fenced off to provide safe passage so it can be done if they want to. I am not anti -farmer but their habit of ripping down route marking arrows, making gates difficult to open, stiles that are lethal, ploughing the paths & planting crops are rather out of date. It must be remembered that the countryside is a big food factory so health & safety does apply like or it or not , & I hate the health & safety police.
Dave Challinor
30 May 2010I am a town dweller that likes to walk in the country, I have been camping several times,and was in the Scouts,I am saying that I try to respect property etc.
Paths such as Offa's Dyke and other major paths must have a lot of walkers,so surely these should be kept as walker friendly as possible.I today went to walk a section of Offa's Dyke near Clun, but turned back because of a field of cows,you cannot trust animals, and as someone has said cows can be heavy and possibly leathal.As a towney I am not sure of the correct way to approach cattle, so I thourght - come back and fight another day.
I also had a similar problem at Caer Carradock by the Long Mynd where a Bull and cows were in the field -- I did give him a very wide berth, and did not have a choice as he seemed to be in the field on my way back down.The best thing is to seperate walkers from animals, but I know that this can be expensive -- but so can court cases, I was cutching my map in case I was challeged over the right of way,surely the farmer should have a sign up by the style,if there is likely to be a problem,I am 6ft 2 and 23 stone -- but I find cattle very intimidating.I still stand by the fact that major paths like offa's Dyke should be kept as safe as possible even if the government have to spend money on it.
SF Dog Walker
07 June 2013As sad as the injury is, the decision is unwise. People may walk along HIS property at their own risk, and THEY can maintain the path to their satisfaction IF allowed by the farmer. Can the farmer simply shut the path?
If the state forces him to allow the right of way, then it is the state's responsibility to make it safe, install warning signs, and hold itself liable for any accidents.
This is so odd that I will update my blog, http://www.sfdogwalker.com/blog/cows-trampling-dog-walkers-to-death.php.