Health and Safety Failings – Farmer prosecuted after walker trampled by cows

Farmer prosecuted after walker trampled by cows 

Key Facts:

• A 40-year-old walker was trampled by a farmer’s cows whilst walking on a public path in Cornwall.
• The farmer had failed to assess the risk of putting cows with calves in the field.
• The farmer was fined £12,000 and costs of £8,885.

The Case:

An HSE investigation has been launched after a walker was trampled by cows on a public path.

The 40-year-old woman was walking in a village in Cornwall on 18 June 2013 when she was trampled by a farmer’s cows. She managed to get to a neighbouring property before being rushed to hospital.

After being trampled by the cows, she suffered serious, life-threatening injuries –punctured lungs, broken ribs, spinal fractures and facial fractures. She also had deep cuts, wrist fractures, and bruises to her face and body. She was kept in critical care for five weeks and spent nine weeks in hospital.

The investigation found that although the path was well-used by members of the public, the farmer had failed to assess the risk of putting cows with calves in the field.

The case was heard at Truro Magistrates’ Court on 24 March 2015, where the farmer pleaded guilty to breaching the Health and Safety at Work etc Act 1974. He was fined £12,000 and costs of £8,885.

What the HSE inspector had to say:

Speaking after the hearing the HSE Inspector Georgina Speake stated that:

“Emma has been left with permanent injuries and was very fortunate not to have been killed in this totally avoidable incident. Cows with calves are naturally protective and can see people as a threat.

Farmers must be aware of the risks to people who are entitled to use a public footpath. Farmers and landowners should consider how this risk can be reduced such as using fencing, signs, temporary bypasses or moving cows with calves away from fields with public rights of way.”

What the law states:

Section 3(2) of the Health and Safety at Work etc Act 1974 states:

“It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons who may be affected thereby are not thereby exposed to risks to their health or safety.”

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