This weekend, I opened the Sunday Times to be confronted by a pretty startling headline in the magazine: “Killer Cows: the one-tonne menace bringing fear to the footpath!”.

While I’m sure that the headline was deliberately intended to be provocative, there is no doubt that cattle need to be treated with caution and the danger is particularly acute in the summer months, with increased numbers of people taking access to the countryside and cows with calves at foot out in the fields.

The risks posed by cattle are of course well known to farmers, but it seems not to the general public, who may be surprised to learn that there are many incidents every year of cattle causing serious injury and even death. So what exactly should farmers and the public be aware of when it comes to outdoor access and public safety when it comes to grazing cattle and who might be liable if something goes wrong?

Public Access Rights

The starting point for public access to farmland is the Land Reform (Scotland) Act 2003 which grants rights of access to most land and inland water ways in Scotland. The purposes for which that access can be taken are broad and include recreational activities such as walking, running and cycling. Access is permitted through fields where cattle are grazing.

These rights do of course come with responsibilities and the Scottish Outdoor Access Code sets out guidance for the public when they come across farm animals in the countryside, including:

  • checking to see what alternatives there are before entering a field
  • keeping a safe distance from farm animals and watching them carefully
  • closely controlling your dog at heel or on a lead and not taking dogs into fields containing calves or other young livestock.

Managing the Risk

Farmers and landowners must manage the risk by keeping animals known to be aggressive or dangerous away from known public access routes where possible, clearly marking alternative routes and using signage to warn of the dangers. More detailed guidance is available in the Scottish Outdoor Access Code.

As farms are also workplaces, they are managed by the Health and Safety Executive, which has also produced a useful guidance note setting out practical steps that can be taken to manage the risks that arise when cattle and members of the general public come into contact.

Civil Liability

What if, despite your best efforts, the worst happens and someone is injured by livestock on your land? There are two key pieces of legislation in Scotland that may apply: the Animals (Scotland) Act 1987 and the Occupiers’ Liability (Scotland) Act 1960.

The 1987 Act imposes strict liability for injury or damage caused by animals in your care. The keeper of those animals can be liable to pay damages for any harm they cause. The Act applies where the animal in question “belongs to a species whose members generally are by virtue of their physical attributes or habits likely … to injure severely or kill persons or animals, or damage property to a material extent”. Farm animals would not usually be considered to meet this definition by being inherently dangerous, so liability is likely to come down to the particular circumstances of each incident – for example, was the animal or herd in question known to be aggressive, or had any previous incidents occurred?

The 1960 Act imposes a more general duty on landowners and occupiers to take “reasonable” care that anyone entering their land does not come to harm because of any hazards that might be present there. As noted, livestock may not generally be considered to be dangerous animals but a farmer might be taken to have breached their duty under the 1960 Act if they have not taken steps to manage the risks arising from unsuspecting members of the public crossing their land.

Further Advice

For farmers and landowners, allowing and managing access to their land while also keeping the general public safe can be a tricky balance to strike. Ensuring that you follow the available guidance will however go a long way to preventing any unpleasant incidents taking place – and minimising your liability if they do.

For further information and advice, please get in touch.