As spring approaches there will be more people visiting the countryside. At the same time, livestock may be turned out to graze as the weather improves.
Farmers who keep livestock in fields crossed by public rights of way can be liable to civil and/or criminal proceedings if members of the public are injured by their livestock. While such incidents are rare, they can often be serious.
Cases where members of the public are injured by livestock often attract considerable media attention, which can be upsetting and stressful for the farmers involved, even if they are not in any way at fault for the incident occurring. Farmers may also be one of the first on the scene if they are promptly notified of an incident on their land, which can also be a very distressing experience.
No one wants to have an incident on their land, so it is worth considering what steps can be taken to reduce the risks of injuries occurring. It is also important to check the terms of your insurance policies to ensure that you are familiar with any requirements in those documents regarding livestock which are kept on land to which the public has access.
Reducing the risk
The NFU’s business guide on livestock and public rights of way outlines the relevant provisions of civil and criminal law and suggests actions farmers should consider to guard against possible problems.
For example, it provides guidance on the following measures that can be taken to help reduce the risks to the public:
Public rights of way: how livestock farmers can reduce risks
As every farm is unique, some of the measures suggested may not be suitable for everyone, and there is no one-size fits all package of measures. Farmers need to decide what is appropriate on their land in light of their specific circumstances. The risk assessment will be vital to inform these decisions.
Further advice
Individual farmers who are concerned about their situation should take independent advice on their particular circumstances and may also wish to consider checking the position with their insurance company.
NFU members can also obtain free initial legal and professional advice in relation to their own personal circumstances from NFU CallFirst on 0370 845 8458.
NFU members can order our gatepost signs free of charge or, alternatively, download one of our 'what's in my field' signs:
