EXCLUSIVE: Red tape stops pick-your-own

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Wednesday, June 03, 2009
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This is Cornwall

ONE of the traditional Westcountry summer's simple pleasures is under threat from health and safety rules which have already forced the closure of pick-your-own fields at one of the region's best-known fruit farms.

For more than 40 years, the Boddington family has thrown open the gates of their farm near Mevagissey, Mid-Cornwall, for the public to pluck succulent strawberries fresh from the plant.

But after being told to install safety features including handrails on drainage ditches and to cordon off potholes in the field in case errant pickers fall in, the family has decided it cannot afford to let people on to the farm.

There are fears that similar scenes could be played out at farms across the South West, according to industry figures, as insurers raise premiums in case of claims from people injured while picking.

Phil Boddington, whose grandfather set up the farm 60 years ago and whose father helped pioneer pick-your-own in Cornwall, said it was a sad day.

"Unfortunately, it is seen to be a risk to let the public onto what's deemed to be a strawberry factory in the eyes of the insurers and the health and safety people," he said. "It's just a sign of the times. When we tell people why we stopped doing pick-your-own, there is a lot of eye-rolling."

He added: "It doesn't sit well with the family."

The 20-acre farm at Tregoney Hill produces 200 tonnes of fruit each year, and is famous for its high-quality strawberries, which are used to produce award-winning jam.

For the last three generations, the family has welcomed pick-your-own customers.

Mr Boddington said that, during those decades, just two people had been injured in the fields while gathering fruit.

However, last year, one of them, an elderly woman, filed a claim against the farm's insurance for injuries she suffered after a fall. The claim is currently being processed, but Mr Boddington said it had caused their insurance premiums to more than double.

The family was told that if it wanted to continue with the pick-your-own element of their business, they would have to make "radical" and expensive alterations.

"It would have involved 'cotton wooling' walkways and bridges, handrails for open ditches, taping off areas and cordoning off areas," he said.

"With that claim, our insurance premium more than doubled, and it was already in the thousands of pounds, and that was just for pick-your-own."

Mr Boddington said the alterations would have cost more than any turnover generated.

In an aside to customers on the farm's website, he said: "Added to this the cost of insuring you all, just in case you injure yourselves whilst here, has also rocketed to more than the turnover."

Mr Boddington said the popularity of pick-your-own seemed to have dwindled in recent years and the family had decided to concentrate on its core business of producing berries for their own jam.

"It's a pity," he said. "It's fulfilling to see a family go into a field and pick their own fruit. We have every sympathy with the person who had the accident in the fields, but the fact remains that it has increased our insurance premiums and made the health and safety guy look at the field."

Ian Johnson, regional spokesman for the National Farmers' Union, said issues like public liability insurance and risk assessments were an everyday fact of life for modern farmers.

"It's a very sad and unfortunate incident at Boddington's, which I'm sure they regret as much as anyone, that after such a long time of letting people enjoy coming to pick fruit, they won't be able to do that any more. We live in a very litigious age."

Jim Dart, of Darts Farm, near Exeter, which sells home-grown and reared produce as well as having pick-your-own fruit fields, said it was a worry for most farms.

"The situation has not arisen for us, but it does send shivers down your spine," he said. "If someone came along and had a fall, you are in danger because a member of the public could take you to court.

"When people come on to the farm they are walking along farm tracks and hopefully it is all safe, but accidents can happen."

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17 Comments

  • Profile image for doctorhu

    by doctorhu

    Monday, October 31 2011, 11:53PM

    “these cases are driven by a greedy public after all its her fault she fell, no one pushed her, so she should have looked where she was going and I hope her lawyer reads this.”

  • Profile image for This is Cornwall

    by Jerry Diplock, Newton Abbot

    Friday, June 05 2009, 8:20AM

    “Hi,

    As a health and safety specialist and ex inspector, I am happy to be contacted for some free support and I have sent an email direct to the owner to offer help. These cases are invariably being driven by lawyers who usually end up as the only winners. Competent health and safety specialists, like myself are only seeking a sensible level of protection, without creating a risk-averse society.”

  • Profile image for This is Cornwall

    by Brian Cornish, Australia

    Thursday, June 04 2009, 5:48AM

    “This is just like the Banks, greedy Insurance Companies & H&S.growing their Industry for their own gain.Insurance was originaly set up to spread risk. They do this now but because of their greed look to put higher premiums on Individuals.”

  • Profile image for This is Cornwall

    by davey, devon

    Wednesday, June 03 2009, 7:06PM

    “And yet you'd be the first to complain about council incompetence if you twisted your ankle on a loose paving slab, wouldn't you.

    And besides, it's extremely unlikely that health and safety have insisted they shut down. More likely they've told the owners they could be sued if there's an accident and left the choice to them. That's the way it usually works.
    And don't believe his comment about 'insuring you' either. He's actually insuring himself against the cost of being sued. These issues tend to have more to do with a litigious public than health and safety organisations.

    Don't let a newspaper anxious for headlines twist your view of the truth.”

  • Profile image for This is Cornwall

    by Lesley, St Austell

    Wednesday, June 03 2009, 6:23PM

    “When I was younger and my Mum fell and broke her ankle on a country walk she only said it was an accident and dealt with being in plaster for a few weeks and that was that- we will have a society of people unable to do anything soon, what about looking out for ourselves and not trying to put the blame on others all the time?”

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