‘Right to Roam’, as it is named in Scotland, gives walkers the right to cross private property and landowners must be aware of their responsibilities within this legislation in order to protect themselves and the walkers.

 

Last year, there were several high-profile cases where walkers have suffered serious injury, and even death, after being attacked by cows. It is natural for a cow to protect her calf from potential threats and we are still in the midst of calving season where mothers are particularly protective. A Cumbrian farmer was found liable after a woman was seriously injured six years ago after being trampled by a cow whilst crossing his field with her dog. The Judge ruled that the farmer had not properly considered the risk of his animals and had breached his duty of care by not relocating the cows to a different field not used by the public or fencing off the footpath. 

 

Understandably, many farmers are unsure what steps they are expected to take given the large numbers of footpaths and core paths that exist across the country.

 

The Scottish Outdoor Access Code states people must exercise access rights responsibly and without causing unreasonable interference to others.  Just as farmers owe a duty of care to those exercising their rights of access across Scotland, walkers owe a duty of care to the farmers to use their common sense when crossing particular areas of land, paying attention to any potential hazards which, as specifically detailed in the Access Code, include cattle and other farm animals as they may react aggressively. 

 

Walkers with dogs are under a duty to keep their dogs under proper control to avoid worrying livestock. The Access Code specifically states that keeping a dog under ‘proper control’ includes not taking them into a field where there are young animals. 

 

 

Interestingly if the Cumbrian case had been in Scotland, and the rules of the Access Code were applied, the woman would not have been acting ‘reasonably’.  This does not necessarily mean that the decision of the Scottish courts would have been different to that of their English counterparts. 

 

Some things farmers can do to protect walkers, and themselves from legal battles, include erecting signs to warn walkers, whether alone or with dogs, that there is cattle in the field which may react in an aggressive manner towards them, especially if there are cows and calves or bulls in the field. They could also advise the public of alternative and safer routes across the farm that will avoid any encounters with livestock. 

 

Landowners could also consider, especially where a core path or designated footpaths are located in a field where there is livestock, fencing off the public path or, if possible, temporarily moving livestock to another field which is not used by the public for the period when the risk of cows acting aggressively to protect their calves is greatest.

 

This is not something landowners can opt in or out of, as Jeremy Clarkson’s case highlight. What is clear is that farmers and walkers need to work together and act responsibly so people can enjoy the countryside safely.