Visitors and Trespassers
Duty of Care
Visitors and trespassers are owed a duty of care and you should always include these on your farm risk assessments. As an Occupier you owe a duty of care to third parties on your land whether they are lawful visitors (invited) or not (trespassers).
A visitor is deemed to be someone who is in receipt of the occupier's invitation or permission, whether express or implied, to enter or use the premises. An example of a lawful visitor would be delivery drivers, persons delivering post, maintenance engineers etc.
When undertaking a risk assessment you are required to take account of the characteristics of the visitor. Visitors may not be familiar with the type of hazards that are present on a farm and this will need to be considered when looking at relevant control measures. Children are less likely to understand risks or act appropriately to ensure that they are safe.
Where a visitor goes beyond the extent of the permission granted to them, they are seen as trespassers. It is essential that they are aware of the extent of the permission granted to them.
Learn More
Cattle and public access in England and Wales - Advice for farmers, landowners and other livestock keepers. Cattle and public access in England and Wales Advice for farmers, landowners and other livestock keepers.
Public Footpaths and Bridleways
Additional Information
Every year members of the public are killed or seriously injured when walking on public footpath or bridleways. In 2018 - 2019 the HSE investigated 43 incidents involving people being hurt or killed by cattle. In 18 of those cases the person who was injured was walking a dog. Most cases involved Cows with Calves.
Where a member of the public is killed while using a public footpath it is possible that the Farmer or landowner could be charged with Manslaughter due to negligence.
Members of the public must ensure that they stick to marked footpaths however, they often say that they were not able to identify the rout of the footpath or that the route had been obstructed in some way. Many who entered fields with livestock said that they were not aware of the presence of the livestock and many would not have continued along the footpath had they been aware. This supports the view that footpaths should be clearly signposted and that hazards should be clearly identified. Having clear signage at the entrance to fields allows an informed decision to be made. Signage however is not sufficient to avoid liability.
A landowner is under a duty to ensure that those who walk across fields where livestock graze are safe.
In 2015 a farmer was given a four-month suspended sentence and fined £133,000 after a Holstein bull rammed one of his employees to death and in 2016 a farmer was given a 12 month prison sentence suspended for two years with a £30,000 order for Court costs when a dog walker was attacked by cattle and suffered fatal injuries.
Section 59 of the Wildlife and Countryside Act 1981 bans bulls of recognised dairy breeds including Ayrshire, Friesian, Holstein and Jersey) from being at large in fields where there are public rights of way.
Beef bulls are banned from fields or enclosures with footpaths unless accompanied by cows or heifers.
In addition to criminal proceedings there may also be civil claims for damages which can be significant.
