A recent Health and Safety Executive prosecution has underlined the legal responsibilities facing farmers and landowners when livestock graze on land crossed by public rights of way.

The case centres on a serious cattle attack on the South West Coast Path in Cornwall, raising wider questions about landowner duty, public footpath safety and livestock risk management.

What happened

In June 2024, a 75-year-old holidaymaker was seriously injured while walking his dog along a public footpath that crossed a field containing cows with calves. The man suffered life-threatening injuries after being knocked down and trampled, while his dog was chased by the herd.

Crucially, the cattle remained in the field after the incident. Despite being informed of the attack, the landowner did not remove the animals. Instead, further cows with calves were introduced into the same field.

Several weeks later, two local residents and their dog were attacked by the same herd while using the public footpath. The dog required emergency veterinary surgery, while the walkers escaped by hiding in nearby undergrowth. Only then did the local authority intervene and arrange for the cattle to be removed.

HSE prosecution and outcome

Following an investigation, the Health and Safety Executive brought a prosecution against the farmer responsible, Beverley Chapman of Tembleath Farm.

The case was brought under Section 3(2) of the Health and Safety at Work etc. Act 1974, which places duties on those in control of land to protect people who may be affected by their activities.

Chapman pleaded guilty. In December 2025, the court imposed fines, costs and surcharges totalling more than £12,000.

What the law requires

The case reinforces that landowner duty extends beyond employees and contractors. Where public footpaths cross farmland, landowners must take reasonable steps to protect walkers from foreseeable risks.

Health and safety guidance is clear that cows with calves present a higher risk, particularly to dog walkers. Even cattle that are normally calm can behave unpredictably when protecting young.

In addition to regulatory enforcement, injured walkers may also pursue civil claims under the Occupiers’ Liability Act 1957. Courts will examine whether sensible precautions were taken, such as moving livestock, fencing off footpaths, or installing prominent warning signs.

Landowners may also face claims under the Animals Act 1971, which can impose liability for damage caused by livestock in certain circumstances, even without proven negligence.

Reducing livestock risk on public routes

For farmers and rural landowners, the case offers practical lessons. Risk assessments should be reviewed regularly, particularly during calving season. Where possible, cows with calves should be kept out of fields containing public footpaths.

Immediate action is also essential after any incident or near miss. Delays in responding can significantly increase legal exposure and financial risk.

With compensation claims for serious injuries potentially running into hundreds of thousands of pounds, adequate public liability insurance and early legal advice remain critical protections for rural businesses.

Contact Wilson Browne Solicitors if you are a landowner dealing with an HSE investigation or need advice on managing livestock where public access routes cross your land.