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Suspended sentence for farmer whose cows killed one man and seriously injured another (21 December 2016)

Date: 21/12/2016
Duncan Lewis, Personal Injury Solicitors, Suspended sentence for farmer whose cows killed one man and seriously injured another

The Health and Safety Executive (HSE) has prosecuted a Bradford on Avon farmer, after two members of the public were attacked and injure– one fatally – by cows in a field.

On 13 May 2013, brothers Mike and John Porter were walking on a public footpath, which passed through a field where cows with calves belonging to local farmer Brian Godwin were grazing.

The brothers had with them two dogs on leads and were attacked by the cows – the incident was the fourth in five years involving injuries to members of the public caused by Mr Godwin’s cattle.

Mike Porter, 66, from Edinburgh suffered fatal internal bleeding from crush injuries caused by cattle trampling him – and his elder brother, John Porter, 73, from the Bath area, suffered multiple rib fractures, a punctured lung and general contusions.

An investigation by the Health and Safety Executive into the incident found that Godwin had not taken reasonable precautions to protect members of the public walking on footpaths through his fields from his cattle.

Where livestock are judged to present a risk to walkers, they should be segregated by fencing or kept in fields without footpaths.

The HSE said that the cattle may have attacked the walkers because they perceived a risk to their calves from the men and their dogs.

Between April 2000 and March 2015, there were 18 fatalities to members of the public involving cattle – most of these incident involved cows with calves and dogs.

At Swindon Crown Court, Brian Arthur Godwin – of Timothy Rise Farm, Winsley Rise, Limpley Stoke – pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974.

He was given a 12-month prison sentence suspended for two years – and was ordered to pay costs of £30,000.

After the hearing, HSE inspector Dawn Lawrence said:

“Farmers and landowners have a legal duty to assess the risks from livestock to people using any rights of way on their land – and to take all reasonable precautions.

“Wherever possible, farmers should avoid keeping cows with calves in fields with public footpaths – if that is impossible and they need to keep cattle and walkers apart, temporary fencing is easy and cheap to provide.”

Mike Porter’s long-term partner, Adrienne Sillar, added:

“…Our family and friends have spent the last three-and-a-half years trying to turn the tragedy of Mike’s death into a positive outcome.

“While nothing will bring Mike back to us, we hope that this important case can serve to highlight the issues associated with the safety of the public using rights of way when livestock are present.

“Mike’s death was avoidable – and our hope is that no one else should run the risk of injury or death when enjoying the countryside responsibly.”

Duncan Lewis Personal Injury Solicitors – No win no fee Animal Attack Claims

Duncan Lewis personal injury solicitors can advise those who suffer injury in unprovoked animal attacks caused by negligence on how to make a no win no fee claim for compensation.

Animal attack claims have to be made within three years of injury – children can claim compensation for injuries sustained in animal attacks up to the age of 21.

Duncan Lewis also offers supportive legal advice to bereaved families whose loved one has lost their life in an unprovoked animal attack caused by negligence and who wish to claim compensation.

For expert legal advice on no win no fee Animal Attack Claims, call Duncan Lewis personal injury solicitors on 0333 772 0409.


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