Livestock and Public Access: Why does strict liability exist as a legal principle, what is ‘reasonable’ care, and should livestock keepers be concerned about recent court decisions?

McKaskie v Cameron [2009] concerned a farmer's liability for serious personal injury caused by animals when on a public right of way across farm land. There have been towards 20 fatalities in such circumstances over the past 15 years (according to HSE statistics), with additional serious injuries. Negligence, occupiers' liability and the Animals Act 1971 were applied, with reference to the potential criminal liability under the Health and Safety at Work etc. Act 1974. This paper summarises the case and the relevant law and reviews the matter in the context of rural risk management and the development of good working practices, i.e. what livestock keepers can do to avoid / mitigate damage and legal exposure