Man trampled to death at cow auction - Company fined £75,000

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A company has been fined more than £75,000 after a man was killed by a cow that had escaped from an auction in Wales.

Father-of-two Huw Evans was knocked down and trampled by a cow that was being sold at a livestock market run by J.J. Morris Limited on 19 November 2022.

Man trampled to death

However, the incident occurred when a cow escaped after being unloaded into a pen at Whitland Livestock Market, and started heading towards Whitland, Carmarthenshire.

Mr. Evans, who also lived in Whitland, had been crossing the junction at North Road and West Street when he was attacked by the cow. He suffered multiple injuries and was flown to the University Hospital of Wales where he died six days later on 25 November.

A worker at J.J. Morris Limited was injured in an unsuccessful attempt to capture the cow, which later ran towards Whitland Rugby Club and a railway line before being captured and put down by Dyfed-Powys Police.

Health and Safety Executive investigation

A Health and Safety Executive (HSE) investigation found J.J. Morris Limited, which has operated Whitland Livestock Market for over 30 years, failed to implement basic, physical control measures to prevent cattle from escaping.

Additionally, the company’s risk assessment was not suitable nor sufficient as it referenced control measures that were not present at the market.

Mr. Evans’ son, Dafydd, said in his victim’s personal statement:

“Dad was my best friend and I miss him terribly, he was taken from us too soon. Losing Dad has had a tremendous effect on both myself and my brother. Because of this incident, Dad’s grandsons will never fully know him personally and he will not see them grow up.”

J.J. Morris Limited, of High Street, Haverfordwest, Pembrokeshire, pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £75,000 and ordered to pay £5,047.55 in costs at Llanelli Magistrates’ Court on 20 June 2024.

HSE inspector Rhys Hughes said:

“This tragic incident was foreseeable and preventable. The risk posed by cattle escaping from the livestock mart should have been identified, and effective control measures implemented.

“The case highlights the importance of following industry guidance, which is readily accessible and outlines the requirements to safely manage cattle.”

This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by HSE paralegal officer Imogen Isaac.

Accidents caused by animals

If you have been injured by an animal in a public setting through no fault of your own, you may be entitled to make a compensation claim. Accidents of this nature may fall under Public or Occupier’s Liability if they occur in a public area or on private land.

Animal attacks can cause devastating life-changing and permanent injuries, including psychological injuries.

By making a claim, you can be awarded compensation for the damages – which can help towards any ongoing care you may need.

Health and Safety Executive guidelines

The Health and Safety Executive issues guidelines on working with and keeping livestock.

They set out the framework to keep yourself and others safe. We have broken down some of the HSE guidelines relating to cattle:

HSE handing cattle advice

Handling cattle always involves a risk of injury. To reduce the risk of injury when handling cattle for you and your employees, as well as visitors such as vets, you should have:

Proper handling facilities, which you keep in good working order;
A race and a crush suitable for the animals you handle;
Trained and competent workers; and
A rigorous culling policy for temperamental animals.

What are the risks?

Handling cattle always involves a risk of injury from crushing, kicking, butting or goring.
The risk is greater if the animals have not been handled frequently, such as those from hills or moorland, sucklers or newly calved cattle.
Certain jobs may increase the risk, eg veterinary work.
Attempting to carry out stock tasks on unrestrained cattle or with makeshift equipment is particularly hazardous.
Never underestimate the risk from cattle, even with good precautions in place

Claiming compensation for injuries caused by animals

In this case, J.J. Morris Limited breached Section 2 of the Health and Safety at Work Act. The regulations state that it is the employer’s responsibility to ensure, as far as practicably possible, that work systems are safe and without risks to health.

In this case, the regulations were breached as the handling of the cattle led to the death of Huw Evans and another worker being left injured.

The regulations also state that any place of work under the employer’s control should be safe and without risk, and training and supervision should be provided.

How to make a claim?

If you have been left injured as a result of an animal attack through no fault of your own, you may be entitled to claim compensation.

How long do I have to make a claim?

Claims of this nature usually have to be initiated within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to claim compensation. However, there are exceptions to the time limit:

Claims on behalf of children – A litigation friend (typically a parent) can bring a claim on behalf of a child under the age of 18. The 3-year limitation period does not begin until the child reaches the age of 18. This means that the limitation period expires on the child’s 21st birthday.
Mental capacity– If you or the injured party lacks capacity and cannot bring a claim and manage their own affairs, the 3-year time limit will not begin until the injured person regains capacity.
Death – If unfortunately, the injured party dies within the 3-year limitation period, then his dependants are able to claim on their behalf, the 3 years is extended to 3 years from either the date of death.

How much compensation will I get?

The amount of compensation will vary depending on the severity of the injuries and the long-term damage.

Each case is assessed individually and is dependent on supportive medical evidence. However, we will claim on your behalf for general and special damages.

General Damages – An award made for pain, suffering, and loss of amenity of life that is evidentially linked to the accident. The pain and suffering element of the award would compensate for all past, present, and future physical and psychiatric symptoms.

Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is designed to compensate for the actual injuries suffered, and the effect those have had on quality of life.

Special Damages – Compensation for financial loss or out-of-pocket expenses incurred as a result of the accident. Including but not limited to:

Loss of earnings
Medication or prescription charges
Travel to appointments
Any cost of care for extra care needed from family or care providers

If you are not able to do things such as gardening, or walking the dog, and have to pay somebody for these services as a direct consequence of your accident and subsequent injuries, these can also be claimed for.

However, an injured person has a duty to take reasonable steps to minimise losses/expenses. This is called mitigation of losses, and a court will assess whether or not the loss was reasonably incurred, before making an award.

Why should I use Oakwood Solicitors Ltd for my claim?

At Oakwood Solicitors Ltd, we have years of experience in running and pursuing claims of this nature. We will ensure that we update you at every stage of the case and you will have an experienced, dedicated case handler from the very beginning.

We know it can be very stressful after sustaining an injury, and our team can assist you by breaking down the legal jargon during the process, and listening to you.

Company fined £75k after man trampled to death by cow at auction