Bar Shaker,
I know what you are getting at. However, provided you make a check from overhead at a reasonable height that there are no walkers, people on horses, tractors or whatever close to where you intend to operate low level then;
a) You reduce the chances of anyone catching you out; and
b) Could have Flying Lawyer use the fact that you did your best to check the area was clear and exercised good judgement as your mitigating circumstances.
Regards,
DFC