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12 February 2019 2 Comments
Posted in Personal Injury

Cow attacks: what are the odds?

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Richard Brooks, partner in our Personal Injury team, helps you to understand the likelihood of a cow attack, how you might be able to avoid one, and what you can do if you are unfortunate enough to have been victim to one.

In 2015 cows were officially declared the most dangerous large animals in Britain, with 74 people killed between 2000 and 2015. Of these, 54 people (an average of three a year over this period) appear to have been killed by cows whilst at work. Compare this number of attacks with the 17 attacks carried out by dogs in the eight years leading up to 2015, which arguably garner a lot more publicity, and it becomes apparent that the media are not paying much attention to this relatively high risk of walking in the countryside and working with cows.

What to do to minimise the risk of a cow attack

So when encountering cattle, what can be done to minimise the risk of attack and what can you expect if you are injured?

1 – Be careful with your dog

If you are walking your dog on a public footpath near a herd of cattle, you are immediately more at risk of attack (even with your dog on a leash as it should be) as the cows will view the dog as a natural predator. This is particularly true if you see cows with a new calf, as they will be especially protective at these times.

When confronted by the possibility of an attack in these circumstances, the safest thing to do is to let your dog off the leash: the dog will much more easily be able to outrun the cattle, and they will certainly be able to outrun you. Furthermore, because it is the dog the cows are more afraid of, they will more likely chase the dog than you, meaning both of you are safer than if you try to pick up the dog and carry it to safety.

2 – Avoid cows with calves

This is the other main risk factor in walking near cows, whether or not you are walking with a dog. An increase in pasture-based systems, decreased routine contact between handlers and non-lactating cows, and an increase in cow-calf contact after they are born have all lead to an increased risk of maternal aggression. Whatever the reason, cows with calves are best avoided altogether if possible.

3 – Practise vigilance

If you cannot avoid walking near a herd of cows, vigilance is key. Try not to make sudden movements or noises, and if you feel a herd may be threatening to attack you, carry on calmly and quietly; often the cows will leave you alone once they realise you pose no threat. The best advice, however, would be to go another way if at all possible.

Of course, it is not entirely your responsibility to keep yourself safe from cattle attacks. For example, it is an offence to keep a bull of a recognised breed older than 10 months in a field that contains a public right of way. For any other breed of bull the farmer must consider the temperament of the animal and decide whether it is safe to keep it in a field to which the public has access. HSE guidance also suggests that signage be put up to warn walkers of the presence of cows, and that gates and fences be checked regularly to ensure that they are fit for purpose, among other things.

In 2016 an 83-year-old farmer was ordered to pay £30,000 and received a one-year sentence (suspended for two years because of his age) after a retired professor was trampled by his unusually aggressive herd. This was an exceptional outcome, but it was achieved because the herd had attacked four other people in previous years, and the farmer had singularly failed to implement any changes to his practices to prevent more attacks from happening.

However, in the majority of cases a farmer is entirely blameless for the actions of their cattle. Despite farmers’ best efforts, cows are temperamental creatures, and anything from the weather, to illness, to raised stress levels can cause them to become distressed and thus aggressive. So what happens if you have suffered a cattle attack?

What you can do if you have been attacked

Under the Animals Act 1971 keepers of non-dangerous animals are nonetheless strictly liable for any injury caused by them if it is likely that they could cause serious injury due to dangerous characteristics which are very often perfectly normal behaviour for cows.

It is therefore crucial for farmers to keep their public liability insurance up to date; with members of the public allowed to walk in fields containing herds of cows, the risk of injury is inherent, and in order for neither party to suffer unduly should an accident not be the fault of the farmer it is crucial that the cost of that risk is spread with proper insurance.

Both farmers and members of the public therefore have a duty to protect themselves against cattle attacks, but it is the insurance companies that ensure that those who suffer injury are not left to bear the losses.

Injuries involving cows at work

Farm workers inevitably know the risks of working with cows and practically all will have stories of accidents and near misses. It is important to recognise that staff are entitled to claim compensation for injury. They are not barred from doing so just because they know the risks.

If you have any questions for our specialist animal accident claims team, please contact us today.

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2 comments on Cow attacks: what are the odds?

  1. Posted by Ruth Livingstone on February 13, 2019 at 7:09 am

    Yes, more publicity should be given to cattle attacks. We know cows cause several deaths a year in the UK, but they also cause many more injuries – some extremely serious – and these largely go unrecorded.

    We are collecting stories about attacks on our website, and we are campaigning for compulsory public liability insurance for ALL farmers who keep livestock.

    In addition, we encourage victims to sue. As you say, members of the public who have been serious injured should not have to bear their financial losses themselves. We also hope that increasing litigation will result in raising awareness and lead to farmers taking their responsibilities more seriously,

    • Posted by Richard Brooks on February 13, 2019 at 9:46 am

      I agree wholeheartedly with your comments Ruth. We have an ongoing case involving an uninsured farmer. If the obvious risk of injury materialises then the least we should expect is that farmers have insurance. The purpose of insurance is to spread the cost of accidents and not leave individuals with the burden.

      Interestingly I was involved in three cases in the same field near Bradford on Avon tragically ending in the death of Mike Porter, which you may recall:

      You may have seen it but only recently I came across a University of Liverpool study on the history of cow attacks on walkers, which I think was done in 2014:

      I would value the chance to contribute somehow if it helps.

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