Cow tramples dog walker, farmer receives fine

A dog walker sustained broken ribs and injuries to his lungs and spleen after he was thrown eight feet into the air by a cow and trampled on whilst trying to crawl away from the scene.

Steve Adams took a stroll on a public footpath through a field of cows and calves whilst on holiday in the East Devon area with his wife and cocker spaniel. After entering the gate, a large cow approached the family and suddenly lowered its head and threw Mr Adams into the air.

Luckily, he managed to release his dog but despite his wife’s best attempts to free her husband by hitting the cow with a plastic ball thrower, this was not successful, until Mr. Adams was eventually able to roll away to safety.

The dog walker managed to return to his feet but he struggled to breathe and it took him 2.5 hours to return to their van, which was only 15 minutes away at regular pace. An ambulance was called and he remained in intensive care for seven days.

Following the incident, an investigation was completed and Mr. Barry Fowler, the owner of the livestock, pleaded guilty to section 3 (2) of the Health and Safety at Work Act 1974 for failing to “ensure, so far as reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety”.

Mr. Fowler was ordered to pay a £555 fine and £3000 legal costs at Exeter Magistrates’ Court on the 8th of March 2023.

The health and safety inspector advised that “the serious injuries to Mr. Adams…[were] totally preventable… cattle are extremely protective of their calves and even calm cattle can become aggressive if they think the calves may, in any way, be threatened, even by members of the public walking past.

“Farmers should not place cattle with calves in fields where members of the public have a legal right to walk unless appropriate measures are in place such as robust fencing separating cattle from people. Had Barry Fowler done this then the incident could not have happened.”

Mr. Adams has stated that “It was a pretty scary day… My own grandfather was a farmer, so I’d been around cattle as a child, and I wasn’t scared of them.

“Now, I wouldn’t go into a field with cows, you don’t know what’s going to happen… I don’t walk too much now. I’m not as healthy as I was, and I can still feel my injuries now.”

Our comments

The above case is an example of what is known as ‘public liability’, i.e. an obligation on occupiers of land or buildings to ensure that they keep visitors as safe as reasonably possible when using their premises.

Regarding this case, it demonstrates the width of this duty so occupiers (including those renting premises) must ensure that they risk assess all potential hazards and implement appropriate measures to prevent injuries from occurring. Should they fail to do so, a personal injury claim may be made against them, resulting in a pay out of their excess if successful and an increase to their premium.

Where a serious injury is involved, the Health and Safety Executive are likely to conduct a investigation which, if supportive, may lead to a fine or criminal sanctions against the company or even its directors.

Next steps

If you do unfortunately suffer an injury in a public area, we would recommend that you read our related article which can be found here or contact us so we can advise you on your rights and options.

Further reading

More information about accidents and injuries caused by animals can be found in our Accidents in public places FAQ, here.

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