FARMERS in Herefordshire and Worcestershire are being urged to seek legal advice after a change in the law that could leave them with a criminal record and extortionate compensation costs.

A recent court case means they will now be held responsible for any injuries caused by one of their animals on a public highway, even if it is the fault of a third person that the animal is loose.

The change comes after a motorcyclist was seriously injured by a bull calf which had made its way onto a road when a member of the public, walking a footpath, left a gate open.

The case now paves the way for other criminal cases, as well as civil, warned Worcester solicitors Morton Fisher.

"It has been understood for many years, under the Animals Act 1971, section 8, that when an animal escapes on to the highway owing to the action of a third party, the animal's owner will not be liable," said Geoffrey Hopton, rural business and agriculture consultant for The Tything-based firm.

"But this case has now made abundantly clear the precautions farmers must take if they occupy land with public rights of way or designated "open country" which have access on to public roads."

But as farmer John Bennett, of Manor Farm, Lower Wick, pointed out, this will be difficult for farmers unless they break other laws.

Locking gates across rights of way, according to Morton Fisher Solicitors, is illegal, and erecting stiles without the permission of the Highways authority is forbidden. The line of a footpath cannot be moved either, without permission from the Authority.

"There are several areas of our farm where the gate is the final barrier between the field and road on a public right of way," said Mr Bennett.

"It is going to be very difficult for farmers now, if they are to be held responsible for accidents.

"If it comes to keeping cattle in or letting members of the public in, I know which one I'd choose. I would lock the gates if that was the only way."

For more information on the change in the law, call Morton Fisher Solicitors on 01905 610410.