Liability for injuries in the countryside.
basil | 7/4/2006 | 12:53 pmLiability for Injuries in the Countryside.
Some visitors to the countryside are injured through their own fault-using the wrong equipment, or not looking where they are going-but occasionally someone else is liable.
Everyone using the countryside must take reasonable care for the safety of others. You should not ride a horse or cycle carelessly and you should nor move signposts, dig holes or otherwise endanger other users. You will be liable to pay damages if others are injured or their property damaged owing to your carelessness you might also commit a criminal offence.
The Landowner or occupier has no responsibility for the safety of people using rights of way, beyond ensuring that his activities do not endanger people on the highway. He must not deliberately set up obstacles to injure you, but he need not take a lot of care to protect you. If you are on his land with his consent, he has a duty to take care of your safety.
Whether someone has taken enough care is a difficult question, regarding legal advice. Landowners, occupiers and anyone using the countryside can be liable to each other for injury and damage they cause through carelessness, even though there are differences in detail. A lot can depend on what is known or ought to be known by the visitor.
If you engage in a dangerous activity such as climbing or caving, and have willingly accepted the risks, the Landowner will not be responsible for any injuries you sustain. A Landowner may meet the duty of care by offering a warning, verbally or in writing, of any danger on his land, but it must be clear enough for users to avoid the danger.
Tenants and other occupiers of land also have a duty to take care of the public, although a tenant may be able to blame his Landowner if he had warned him of the problem. A tenant can ask trespassers to leave land and sue people for trespass or nuisance. Other people, such as members of the tenants family or contractors cannot sue for nuisance or trespass. But they probably have the authority of the Landowner or tenant to order you off the land if you are trespassing.
This text has been reproduced with the kind permission of the Countryside Agency.
The Landowner is responsible in law for gates and other structures in a fence or hedge across a public right of way.
Failure to maintain stiles, gates and gaps could leave the landowner liable for injuries sustained by a member of the public whilst using a defective structure. If a stile appears to be badly maintained you should not cross, but try and find a way around the obstacle, you are legally entitled to do this.