A farmer appeared in court last week (24th March) after a woman sustained life-threatening injuries as she walked along a public footpath and was trampled by cows.
40-year-old Emma Smith from St Martin, near Helston was walking along the path in the village in June 2013 when the incident occurred. Fortunately she managed to get to a property close by and it was there that she was admitted to hospital. She sustained two punctured lungs, broken ribs, facial and spinal fractures and was left with wrist fractures, deep cuts and extensive bruising on her face and body. She remained in the critical care unit for five weeks and spent a total of nine weeks in hospital.
The Health and Safety Executive (HSE) launched an investigation into the incident, finding that there had not been a sufficient risk assessment carried out on the path, which was used extensively by local people. Truro Magistrates Court heard that, public by his putting cows together with calves in the field, farmer Jonathan Bryant had not assessed the potential risks this could impose on those crossing it.
After pleading guilty to breaching the Health and Safety at Work etc Act 1974, Mr Bryant was fined £12,000 and told he must also pay £8,885 in prosecution costs. Georgina Speake, HSE inspector said after the hearing: “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.”
If you or your loved one has suffered an injury in public or on private land, we can help you. Give us a call on 0800 028 2060 or visit our website: www.compensation.co.uk