Farmer fined after cows injure walker

Dairy calves on the South Downs in Hampshire_275_2

Emma Smith was walking on the path at Well Field, Nance Farm, in the village on 18 June 2013 when she was trampled by the cows. She managed to get to a nearby property from where she was rushed to hospital.

Farmer Jonathan Bryant appeared before Truro Magistrates Court following an investigation into the incident by the Health and Safety Executive.

The court heard Ms Smith suffered punctured lungs, broken ribs and spinal and facial fractures. She was also left with deep cuts, wrist fractures and extensive bruising to her face and body. She spent five weeks in critical care and nine weeks in hospital.

The HSE investigation found that the path was well used by local people but Mr Bryant had not assessed the risk to members of the public from putting cows with calves in the field.

Mr Bryant, of Swome Farm, St Martin, pleaded guilty to a breach of the Health and Safety at Work etc Act 1974 and was fined £12,000 and ordered to pay £8,885 in costs.

HSE Inspector Georgina Speake, speaking after the hearing, said:

“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.”

The HSE website offers more information on cattle and rights of way here.