When Mrs Hunt set out for a familiar walk through the fields along Old Coach Road in Pontefract, she had no idea that her routine stroll would end with an accident and long-term injury.

Unfortunately, due to land management changes, what was once a safe and reliable public path had been transformed into an uneven and potentially hazardous route. This blog examines the legal considerations surrounding her case, relevant UK safety regulations, and the responsibility of landowners toward public footpaths crossing their land.

Background of the incident

Mrs Hunt and her partner had taken this path many times without incident, walking along a public footpath that was part of a well-trodden route in the community. However, about a year before her accident, a new farmer had taken over the field and decided to plough the land—including the footpath. Unfortunately, the ploughing left the path marred by deep ruts, especially where the tractor had passed through, causing very uneven terrain.

On this particular day, Mrs Hunt tripped on one of these ruts, a deep impression left by the tractor tyre, and fell forward into hawthorn bushes. The fall caused painful injuries, including superficial lacerations and two deeper facial cuts that would later scar. Her injuries extended to her hands, shoulder, and knee, and also exacerbated an existing back condition. Her partner helped her from the scene and took her to their car to seek further assistance.

Legal responsibility and UK Safety Regulations

In the UK, landowners have a duty to ensure that public rights of way on their property remain accessible and safe. Under the Highways Act 1980 , Section 31, public footpaths must not be obstructed, and landowners must ensure paths remain clear and passable, without unnecessary hazards.

Further, the Occupiers' Liability Act 1957 stipulates that landowners must take reasonable care to ensure visitors are safe on their land, including paths that go through fields or farmland.

Mrs Hunt’s accident demonstrates the risks when these obligations are overlooked. Ploughing the public footpath and leaving it in an uneven state without clearly marking or levelling it created an unsafe condition. According to UK law, failing to maintain a safe route could render the landowner liable for any injuries sustained by lawful users of the path, as was the case here. While ploughing is a common farming practice, any disturbed path must be restored to a passable condition.

The legal process and case resolution

Initially, we had difficulty identifying the correct defendant because of the recent change in ownership. However, after persistent efforts, the farmer responsible was identified and held accountable for the injuries sustained by Mrs Hunt. The farmer’s insurers accepted full responsibility for the accident.

A five-figure settlement was reached, compensating Mrs Hunt for her injuries, pain, and suffering. The farmer’s insurer also agreed to cover physiotherapy recommended by medical experts to support Mrs Hunt’s recovery and will continue to fund her ongoing treatment.

Key takeaways for public path users and landowners

Know your rights : If you frequently use public footpaths, it’s essential to know that paths should remain safe and accessible. Changes to the landscape due to farming or other activities should not pose undue risks to the public.

Landowners’ responsibilities : Landowners should familiarise themselves with public footpath regulations and ensure that any farming or maintenance activities do not make the route hazardous for walkers. If ploughing or similar activities disturb a public footpath, the landowner must take reasonable steps to restore the path.

Pursuing a claim : Injuries sustained due to the neglect of public path maintenance are valid grounds for legal recourse. Working with a knowledgeable legal team can help individuals affected by such incidents seek compensation, even if identifying the responsible party may be initially challenging.

Legal support and advocacy : Mrs Hunt’s case underlines the importance of legal persistence in identifying the correct defendant and holding them accountable. Her settlement and the provision for future medical treatment underscore the support available to those injured on public footpaths.

If you or someone you know has been affected by similar circumstances, understanding your rights and seeking professional legal guidance can make a crucial difference in securing the justice and support you deserve. Contact us on 01302 320621 or email help@switalskis.com