When Cows Attack: A Cornish Farmers Prosecution and the Legal Risks for Landowners
Reasons to choose Wilson Browne
A recent prosecution of a Cornwall farmer highlights the serious legal and financial risks landowners can face when livestock and public access routes overlap.
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The Case
In June 2024, 75-year-old holidaymaker Brian Gregory was seriously injured while walking his dog along the South West Coast Path in Cornwall. He was charged, trampled and butted by cows with calves grazing in a field crossed by the public footpath. Mr Gregory suffered life-threatening injuries and required hospital treatment. His dog was also chased.
Despite being informed of the incident, the farmer responsible, Beverley Chapman of Tembleath Farm, failed to remove the cattle and instead added more cows with calves to the field. A month later, two local residents and their dog were attacked by the same herd. The dog required surgery and the individuals only escaped by hiding in nearby bushes. The cattle were only removed after council intervention.
Following an investigation, the Health and Safety Executive (HSE) prosecuted Ms Chapman for breaching her duty under Section 3(2) of the Health and Safety at Work etc. Act 1974. She pleaded guilty and, in December 2025, was fined over £12,000 including costs and surcharges.
Legal Duties of Landowners
Farmers and landowners have a legal duty to ensure public safety where rights of way cross their land.
Under health and safety law, those who control land must take reasonable steps to protect visitors from harm. HSE guidance specifically warns against placing cows with calves in fields containing public access routes, as even normally docile cattle can behave unpredictably when protecting young.
Landowners may also face civil claims under the Occupiers’ Liability Act 1957, which requires them to take reasonable care to keep lawful visitors safe. Courts will consider whether sensible precautions were taken, such as relocating livestock, installing fencing, or providing clear warning signage.
Additionally, the Animals Act 1971 can impose strict liability for damage caused by livestock, meaning owners may be held responsible even without negligence in certain circumstances.
Insurance Considerations
Public liability insurance is essential for farmers and landowners. Claims arising from serious injuries can result in substantial compensation awards, often reaching hundreds of thousands or even millions of pounds. It is important to ensure policies provide sufficient cover and include livestock-related risks. Legal expenses cover should also be considered, as defending regulatory prosecutions or injury claims can be costly.
Practical Steps to Reduce Risk
Landowners can reduce their exposure by:
- Carrying out risk assessments where livestock and public access routes overlap
- Avoiding grazing cows with calves in fields with public footpaths wherever possible
- Installing fencing or temporary barriers to separate livestock from walkers
- Displaying clear and visible warning signage
- Reviewing insurance policies to ensure adequate cover
- Acting immediately if an incident or near miss is reported
How We Can Help
At Wilson Browne Solicitors we advise farmers and landowners facing HSE investigations following incidents involving livestock and public access.
We provide early, practical advice when the HSE becomes involved, including support during inspections, interviews and enforcement action. Getting legal advice at an early stage can be crucial in reducing risk and preventing prosecution.
If you are contacted by the HSE after an incident, we can guide you through the process and protect your interests from the outset.