Cow attack - could this set a precedent?

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Cumbrian woman crushed by cows awarded £250,000 compensation
By Pamela McGowan

Last updated 14:42, Monday, 06 July 2009

A Cumbrian woman left fighting for her life after being trampled by a herd of cows six years ago has won her battle for compensation.

The ruling could have serious implications for all farmers who graze stock alongside public rights of way.

Shirley McKaskie, now 50, was walking her dog in fields around her home at Greystoke Gill, near Penrith, when the cattle, which had young calves, reacted violently.

She suffered serious head injuries and was hospitalised for months following the incident, in May 2003.

Last year Miss McKaskie, of Croft Barn, launched a £1m claim against farmer John Cameron, of Millrigg Farm, near Greystoke.

She has now been awarded an interim pay-out of £250,000 – plus £100,000 costs – but this has been put on hold pending an appeal from the farmer.

Her legal team argued that the 40-strong herd, a number of which had calves, had the potential to be unpredictable. Yet they were being grazed on land which had a public footpath crossing it, with no signs to warn of possible danger.

After a year of civil court action – which has attracted widespread attention from both the farming community and walkers’ groups – the judge has now ruled in favour of Miss McKaskie.

It could now set a legal precedent for future cases.

At an earlier hearing it emerged that Miss McKaskie had used the public footpath to cut across fields on her way to meet her partner, Donald Cameron, in the local pub.

She was attacked by the herd of Simmental-cross cows, each weighing about half a tonne, which tossed her around and left her unconscious.

She was found by the farmer, who used a quad bike to get her back to his farmhouse and call for help. Miss McKaskie needed emergency brain surgery and also sustained a broken left arm, broken ribs and extensive bruising.

The court heard that she had veered away from the line of the footpath but Judge Howarth ruled that the route was not clearly marked. He stated in his ruling: “It is fairly argued on behalf of Miss McKaskie that Mr Cameron plainly demonstrated a lack of concern which route was adopted by walkers when trying to use the footpath.”

He also addressed the fact that this case could set a precedent in future proceedings, though he stressed that the facts of each individual case must be taken into account.

Miss McKaskie’s legal team said they were delighted the wait was finally over. Her solicitor Frank Matthewson said: “She was lucky to survive the incident and as a result her life has changed beyond all recognition.”

But as the farmer has indicated he wishes to appeal, they will now have to wait to determine the full scale of compensation.

Mr Cameron did not attend last week’s hearing at Blackpool County Court but his wife and business partner, Doreen Cameron, was reported as saying she was “absolutely disgusted” at the outcome.

Farmers groups have also expressed their disappointment. David Cotton, vice chairman of the Royal Association of Dairy Farmers, said in some parts of the country farmers can no longer put cattle in fields as footpaths are being used so much. And the National Farmers Union (NFU) said it was concerned at the suggestion that cattle should not be grazed in fields with footpaths.

Its a difficult one isn't it - I can see both sides.

Yes I can too Fiona. I feel terribly sorry for anyone who is attacked by cows (and either seriously injured or killed). I have had a number of *run ins* with cows and it is blooming scary!

However, farmers should also have the right to graze cattle on their own land.

It is a no win situation really.

No reason to walk through a field of cows if you don't want/have to. The reason that we have the countryside that we do is because farmers look after it. leisure use is a product off that keeping but not the primary function.

If there is a problem the farmer could apply to move the footpath (might even not have to do that) and then fence it off down one side of the field.

Years ago (about 30), my ex father in law was attacked in the same way just after he had open heart surgery.He rolled onto his front and ended up badly bruised and frightened. One of his sons was with him and was about 13 at the time he lost his voice totally for the next 2 years and even now has a husky voice.

They did get compensation but not a huge amount.

rune

If she was daft enough to walk a dog through a field of cows with calves she doesn't deserve any compensation imo.

Like oldshep says, she didn't have to walk through the field. We have two fields with cows in near us (they are in there over the spring/summer) so I just avoid those fields during this time and walk somewhere else.

Footpaths are footpaths and are open and should be accessable all year round.

rune

I know in theory you always have the option of not going through the field, but sometimes its not that easy.

I've heard of people doing 6 or 7 miles walks, getting right to the end and then being confronted with a cow field. There may be other routes, but if you are not familiar with the area, you could well get lost so the only alternative would be to turn round and retrace your steps...perhaps in the dark.

There are also fields where it is not obvious to start with that there are cattle in the field - perhaps they are the other side of the brow of the hill.

I've had 2 serious run ins...one with a bull and I had to run for my life and hide in a ditch for 2 hrs til he wandered off. According to the farmer he was harmless.
Other incidents all relate to young males...I have been assured they were just inquisitive, but several times I have had to run and let the dogs off. Once I was stranded on the salt marsh by a rising tide....I had a few choice words for our farmer then I can tell you.
Many of our amenities locally can only be accessed via footpaths. I do feel that grazing on public rights of way in these cases needs a bit of give and take. That said when it is possible to go around in spring/summer I always do.
I have never been in a field with young and cows.....even bolder ewes can be defensive then so I wouldn't risk it.

And you take the personal decision whether or not to use it and sometimes discretion is the better part of stubbornness!