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Livestock
Incidents Highlight Farmers' Responsibilities |
Two events this week have led to the CLA issuing a reminder to farmers
and horse owners of their legal responsibility to make sure that their
animals do not escape onto a public highway.
In Yorkshire a farmer was held liable for the injuries to a motorcyclist
who was injured in a collision with one of his cattle that had escaped
from a field after someone had left open a gate. Lord Justice Potter
ruled that the farmer was under a duty "to guard against the
carelessness or malice of those who may leave the gate open"
and found in favour of the motorcyclist despite the farmer's appeal.
In
Lancashire a bull was shot dead by police marksmen after it caused
chaos on the M55, causing the motorway to be closed for 45 minutes.
In this case there were thankfully no injuries.
The CLA says that the law has never been clearer: farmers are solely
responsible for making sure that livestock do not escape onto public
highways.
Sue
Harrison, CLA's Deputy Regional Director NW says: "To be held
liable for accidental or malicious release of your stock may seem
unfair but that is the law. This seems an appropriate time to urge
farmers and horse owners to check their field security now, and
to assess the likelihood of their animals escaping onto a road.
If there is no right of way onto a field you should keep all gates
locked and in good condition, and check that all roadside fences
are stock-proof.
"Where
a right of way crosses from a field to a highway the situation is
more complex. If you believe that an animal could escape through
a gate if it was left open, then you need to take advice. If you
have any concerns whatsoever, I would urge you to contact the local
authority urgently, who should advise on an appropriate solution
and, in certain circumstances, may provide the correct type of access
for you."
"If
your land has been mapped as Open Access land make sure all roadside
gates are locked now. The Access Authority will then need to provide
a new means of access and they have to consider land management
in where it is located, including such issues as being stock proof.
"Finally,
you should make sure that your public liability insurance is up
to date and is sufficient to cover today's increasing levels of
compensation claims"
Mrs
Harrison concludes: "This is very important. If you do not
act you may be liable for a considerable compensation settlement,
or perhaps even worse, injury or death of a passing motorist."
The
CLA also reminds members that advice is available through its own
team of professional advisers.
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