Dog blinded by farmers chemicals.......

[Duff1]

Hi...here we go again. Walking my 10 month old Staffy on a disused rifle range. Private land but public footpaths. Tractor coming towards me spreading plumes of white powder, which I now know to be lime dust/grit (apparently to improve the soil). Before we even reached the exit my dogs eyes were closed and streaming. Several visits to the vets and hundreds of pounds later and still ongoing, could
possibly go blind in her right eye. I have so far spoken to the farmer (abusive) local authority (dismissive) enviromental agency, health and safety and my local MP. Zilch !! I cannot believe what should have been a beautiful walk on a bright sunny day that my dog has been blinded by chemcals. I cannot let this go. What or where happens next ?????

[echat11]

Hi Duff1

Hope your dog makes a full recover.

I think you need to find your local group, get some support - https://explorekent.org/the-countrys...t-countryside/

You also need to recover the vet's bills, see what your local group advise. Clearly the tractor should be nowhere near the walking / foot path.

[Duff1]

Thanks for the link......not often stumped, but getting nowhere fast......closed ranks !!!

[echat11]

Thanks for the link......not often stumped, but getting nowhere fast......closed ranks !!!

'Hi, I wrote a post this morning regarding my dog blinded in one,due to farmer spraying lime/dust.grit on private land but with public footpaths on which I was walking. Does any one know who would be liable ?? I have written to the Local council, Health and safety, Enviromental agency and uncle Tom Cobley and all. Any one know my next step. I can't let this go.......!!'

Please keep to one this thread.

You identified the parties in your post, if the farmer knows that there is a public footpath, then why is he spraying 'lime/dust grit' so close to it?
There is a public footpath on the private land, why are the council allowing a farmer to spray lime/dust grit on a public footpath?

Are there any signs warning of that 'hazard'? Should there be 'signs'?

[Duff1]

Hi, The council have told me they can't help. Directed me to Enviromental agency and HSE both have redirected me back to the council But
the lady I have been emailing is now refusing to answer. I did manage to speak to the farmer who was just abusive. Is it the council that is
responsible, if so what do I say to convince them.

[echat11]

Read the info below -

https://www.nationalarchives.gov.uk/...rights-of-way/

https://www.gov.uk/guidance/public-r...sponsibilities

[Duff1]

Is there a difference between a 'public foot path' and a 'public right of way' and would this make any difference in my case.
Also been told the public footpath I was using is not on an ordnance survey map and that I could have been trespassing.
Council throwing everything at me now.

[echat11]

This might help -

http://www.environmentlaw.org.uk/rte.asp?id=207 (has a lot of detail)

https://www.gov.uk/right-of-way-open-access-land

[des8]

Your County Council should keep a record of rights of way on a Definitive map, which should be available to view by the public
https://www.ramblers.org.uk/advice/p...explained.aspx
https://assets.publishing.service.go...-map-guide.pdf

[Duff1]

Well, having tried all that I know...have drawn an absolute blank. The County Council have dismissed my concerns. Health and Safety have just emailed
with what seems like a 'fob off'. Something along the lines of they have contacted the company and reminded them of the H&S rules,but no details. What company ???? I've gone as far as contacting my local MP who, although apologetic on their behalf, cannot get an answer from the local council.
Where do I go from here ????

[echat11]

You could SAR the council, see if that throws up any more details then in their communication to you.
They have 30 days to send you all the data they hold on your complaint.

https://legalbeagles.info/library/gu...ccess-request/

[des8]

Did you check if you were on a public right of way?

[Duff1]

It's a public footpath...which is included in public rights of way. But council say they can't find it in the OS map. I did take photos.

[des8]

The Local highways Authority has to maintain a definitive rights of way map (https://www.landregistry-titledeeds....hts-of-way.asp)

Assuming you can prove you were on a public right of way you might well have cause of action to sue the farmer for his negligence .
He has caused you harm (vet's bills) by spreading irritant chemicals which were obviously going to engulf you whilst you were on a public footpath (it would possibly be actionable even if you were trespassing on his private land but better if you can prove by reference to the definitive map that it was public RoW).

I would write a letter (first class with free certificate of posting from post office) setting out the circumstances of the incident and the resulting damage.
Tell him you are holding him liable for all your veterinary costs arising from the incident.
These are on going costs w3hich currently total £xxxxxxx
Also recommend that he passes your letter to his public liability insurers.

If you don't feel comfortable doing this yourself, you could instruct a solicitor, whose costs should be recoverable from the farmer/his insurers.

[islandgirl]

I can see a duty of care if it is a footpath but not if private land? Farmers have to do what they have to do. If I see spraying I don't walk that way just in case or wait untl the tractor is at the other end of the field. I sincerely hope the dog is OK but think any action will be difficult especially if you were not on a definitive footpath (sorry). Others may of course disagree with my view!