WHEN Carolyn Jasper hit a cow on a sliproad off the A19, it was only her car that was damaged.

The animal was among several that had escaped through broken fencing around a field and on to the road.

In the dark, the 25-year-old driver was upon them before she had time to stop.

Ms Jasper still had to be treated in hospital for whiplash, but she knows it could have been much worse.

The case raises questions over who is to blame in such circumstances - the driver for failing to avoid the collision, the owner of the cow or the owner of the field.

The debate over where the responsibility lies is not just an issue for road-users.

With the walking season in full swing, it is more important than ever that ramblers and land owners know their responsibilities now that large swathes of land in the North-East are open under the Countryside and Rights of Way Act 2000 (CRoW Act). Previously, they were off-limits.

Ian Wallace, claims manager with BiB Underwriters, in Darlington, said: "As a result of CRoW and the associated publicity, farmers can expect to see more people walking across their land. Consequently, there is greater potential for more accidents, whether that is livestock escaping or someone falling off a gate or hurting themselves on a fence."

In its worst extreme, an open gate, whether left by a careless walker or insecure because of a poor lock, can have fatal consequences. An animal escapes, walks into a road and is hit by a car, injuring or killing the occupants.

One case last July put the responsibility firmly at the farmer's door.

Alec Wilson, of Chop Gate, on the North York Moors, kept cattle in a field that was separated from a road by land belonging to his neighbour. The animals were enclosed by a five-bar gate secured with a hook and chain.

But ramblers left the gate open and the cattle escaped, straying across the neighbouring land and on to the road where motorcyclist Peter Donaldson, from Eston, near Middlesbrough, hit one. He suffered arm and head injuries.

Mr Wilson, who crucially had not put up a sign warning walkers to make sure they closed the gate, was found liable for the accident, a ruling upheld at the Court of Appeal.

While the court accepted that a walker had left the gate open, Lord Justice Potter said Mr Wilson should have considered such a possibility and the potential consequences.

The farmer was obliged to take extra precautions to ensure the gate was locked and secure under a duty "to guard against the carelessness or malice of those who may leave the gate open", he ruled.

The judge said it was a long-established law that farmers whose land was crossed by public footpaths had to take all reasonable precautions to ensure their animals did not stray on to public roads.

The National Farmers' Union said it left farmers up and down the country facing the cost of ensuring wayward walkers do not forget to shut gates.

The advent of CRoW puts more demands on farmers and landowners, who must comply with the Act by ensuring the newly designated areas are accessible and safe.

In the Yorkshire Dales National Park, it amounts to more than 100,000 extra hectares - great news for walkers, but potentially more expense for farmers.

More open land is likely to mean more walkers and potentially more accidents against which farmers must take precautions.

As well as investing in fail-safe devices such as cattle grids and self-closing gates to ensure no livestock escapes, they are having to replace slippery metal gates and barbed wire fences to reduce the risk of accidents involving people.

The answer for many landowners is to take out insurance to cover their public liabilities.

And with injury claims coming in at £12,000 minimum, they cannot afford to be inadequately covered in a growing compensation culture.

"Twelve years ago, when I started, we would get a summons every two or three months - now we're lucky not to get one a week. People are definitely more aware of being able to make a claim for compensation," said Mr Wallace.

BiB Underwriters is one of only a handful of insurance providers nationally to have a farm care policy which is available through brokers nationwide, including BiB's own broking office in Northgate, Darlington.

"Our standard policy pays out up to £5m with an option to increase that to £10m. We've never had a claim of that size, but when you think that we had to scrap our £2m policy because it was considered inadequate, it just shows the potential size of a claim someone might face," said Mr Wallace.

In common with other policies, it specifies that the holder should take "all reasonable precautions to prevent loss, damage or injury".

At large farms, a surveyor visits to give advice on any specific action the farmer needs to take. Owners of land with unusual features will have a warranty added to the policy. In the case of a fishing lake, for example, the landowner might be required to provide lifebuoys and signs warning of deep water.

While it may be fair comment to say that an adult out walking should take responsibility for their own actions - and their own negligence - that carries little weight in the event of a claim.

Any mistakes on the walker's part can only be used as mitigation by the defendant and may only lessen the liability, not erase it. It's a case of prevention being better than a claim.

Mr Wallace said: "We all recognise the benefits of opening up more countryside for everyone to enjoy.

"The problem is that if we start to see a huge increase in new claims because more people are injuring themselves or property, it could end up increasing costs for everyone.

"The more a landowner can do in the first place in terms of taking every reasonable precaution to minimise the risk, the better."