A woman and her friend had to climb up a tree to escape an attack by more than a dozen cows on a public right of way in North Yorkshire.
Janicke Tvedt and David Hood set out on a popular circular walk from Masham with pet Labrador Goose, who was on his lead, on 25 July 2021. Part of their walk took them across the fields and public rights of way near Shaws Farm.
After entering a field off Foxholme Lane, the pair noticed several cattle in a field the path cut across, including cows with calves, so decided to give them a wide berth, passing through a narrow opening in a hedge. However, as they did, they then spotted a lone cow with two calves, and within seconds their dog was attacked.
Although they all managed to get away, they were soon cornered by other cows and 57-year-old Ms Tvedt was knocked to the ground and trampled. She was helped up by her friend, but at a nearby tree they found themselves surrounded by around 15 cows and had to climb a tree to escape a further attack.
Ms Tvedt was airlifted to hospital suffering seven broken ribs, hoof marks on her chest and legs, a broken thumb, and life changing severe internal injuries that required emergency surgery.
She remains severely restricted in her mobility almost three years on, but is keen to share her experience to help raise awareness of the dangers posed by cattle in fields with public rights of way:
She said: “I had the imprints of hoof marks, bruises, cuts and grazes all over my body,” she said.
“I was convinced that if I fell asleep, I would never wake up.
“I still have anxiety when on walks in the countryside and am always on alert for the presence of cattle.
“We live in a rural community and there are lots of footpaths around the fields in the area and I do not want other peoples lives to be at risk.
“I want to ensure the emphasis of my story is to improve awareness of the dangers of cows, particularly those in fields with footpaths.
“I am determined not to take on the mantle of being a victim as it’s disempowering.”
An investigation by the Health and Safety Executive (HSE) found that livestock were being kept in a field with a public right of way across it and insufficient measures were taken to protect members of the public from cattle and calves. A sign warning the public of the cattle had been destroyed and not replaced.
Cows are known to be protective of their calves and unpredictable. They can pose a risk to walkers, especially to those with dogs.
Martin Falshaw of Falshaw Partners, Shaws Farm, Swinton, Ripon, North Yorkshire pleaded guilty to breaching Section 3 (2) of the Health & Safety at Work etc. Act 1974. The company has been fined £770.50 and ordered to pay £4,539 in costs.
After the hearing, HSE principal inspector Howard Whittaker said:
“The injuries sustained by Janicke have been devastating and completely changed her life.
“However, given the nature of the attack, the end result could have been far worse and resulted in two people losing their lives.
“Public knowledge – and concern – is increasing about how dangerous cattle can be. We completely echo the countryside code which urges walkers to beware of the dangers. On this occasion, the pair tried to stay well away.
“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.
“Where possible, farmers should avoid putting cattle, especially cows with calves, in fields where members of the public have a legal right to walk.
“Had Martin Falshaw followed this advice, or effectively segregated the cattle, this incident could have been prevented.”
This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by paralegal officer Lucy Gallagher.
Accidents in public places – Public Liability
Laws and regulations are in place to protect members of the public from harm in public spaces. But if you suffer an injury while in a public space due to the area not being safe, you may be entitled to make a public liability claim.
Public liability is the duty of care a person or company owning or being responsible for a public area has to ensure it is safe for public use. Businesses should take out a public liability insurance policy so they can compensate any members of the public injured on their premises due to their fault.
What is a public liability claim?
A public liability claim is a process where, if you have had an accident or have suffered a personal injury on public property, you make a claim on the public liability policy of the owner.
What do I need to make a public liability claim?
To make a successful public liability claim, you will need to prove that another party was responsible for your injury (in this case, the owner of the property/area where your accident happened).
To strengthen your personal injury claim, you should:
- Report the accident to the staff immediately responsible or the owner at the time
- Make a note of your accident in the accident book if possible
- Take names and addresses of witnesses to the accident
- Take photographs of the area where the accident happened
- Gather any evidence relating to the injury, for example, a warning sign which is not clearly visible
Public Liability claims – time limits
As with most types of claims, time limits are in place from the time of your accident to make a claim. To make a Public Liability claim, you need to have started the legal process within three years of the injury taking place.
If you are under 18 years old and you have suffered a personal injury, the three year time limit begins from the date of your 18th birthday.
Public Liability compensation
Public Liability compensation is awarded based on the Judicial College Guidelines for Personal Injury. This means that the amount you are awarded in damages depends on the pain, suffering and loss of amenity your injury has caused.
General damages also reflect the impact an injury has had on your life, including, for example, the loss of hobbies or career.
You may also be awarded special damages to cover loss of earnings, cost of care and medical treatment.
Compensation awards range from a few hundred to many thousands of pounds – depending on the type and severity of the injury.
For example, a minor hand injury receives general damages ranging from £737 to £3,460 under the guidelines. Claimants with quadriplegia can expect to receive between £258,740 and £322,060.
Further reading
Cow tramples dog walker, farmer receives fine – Oakwood Solicitors
Farming business fined after grandmother died in cow attack – Oakwood Solicitors
Accidents in public places – Oakwood Solicitors
WHAT TO DO NEXT
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Making a Personal Injury Claim
When making a claim for Personal Injury, it is important for the Claimant to make sure that they are certain of the facts and figures before it is submitted.
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