Brothers receive fine due to cattle safety failures

A sentence has been handed down to two brothers after they failed to protect the public from their cattle.

The outcome of an Health and Safety Investigation (HSE) concluded that Andrew and David Turnbull had failed to provide and display signage in their field in Coalsgarth Valley in North Yorkshire, highlighting an alternate route to a public right of way.

The HSE prosecution came after the death of a former teacher, David Clark, who died due to an encounter with a herd of cows as he passed along the right of way on the 21st of September 2020.

59-year-old David was out running with his dogs when he became surrounded by a group of cows, resulting in him being struck to the ground. A witness report stated that one of the cows then turned and ran back towards Mr. Clark, fatally striking him in the chest. Paramedics pronounced David dead at the scene.

The HSE has guidance which provides a number of practical and reasonable solutions for farmers, landowners and livestock keepers, which should be adhered to in order to keep hazards under control for members of the public who have legal access to the same fields as cattle.

Proper assessment of the risks cattle present to public footpath users is the starting point, followed by the implementation of suitable protective and preventative measures, which will minimise the identified risks as far as reasonably practicable. This guidance can be found here on the HSE website.

The government has also provided a safety guide which is intended to inform members of the public about how they can enjoy the countryside in safety, whilst respecting day-to-day farming duties. This can be read here.

Such advice given includes:

• Give livestock plenty of space
• Keep your dog under effective control to make sure it stays away from livestock
• Let your dog off the lead if you feel threatened by livestock.

David and Andrew Turnbull, both of Low Gingerfield Farm, Richmond, North Yorkshire, both pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.

On the 3rd of March 2025, Teesside Crown Court issued Andrew Turnbull, 57, with a fine of £1,589 and an order to pay £1,500 in costs.
David Turnbull, 61, was issued with a fine of £1,390, with an order to pay £1,500 in costs.

Elliot Archer, the HSE inspector said:

“Andrew and David Turnbull failed to do all that was reasonably practicable to prevent members of the public being put at risk by their cattle.

“Farmers, landowners and other livestock keepers need to be aware of the risk their cattle pose to members of the public and take suitable protective and preventative measures to mitigate that risk.”

Further reading

Accidents in public places – Oakwood Solicitors

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