Brothers fined for failing to protect public from cattle

Two brothers fail to protect members of the public from their cattle.

An investigation finds Andrew and David Turnbull fail to offer and display signs of an alternative route to a public right of way.

Man fatally killed by cattle on public right of way

HSE prosecuted the pair following the death of former teacher David Clark, killed by a herd of cows. He was crossing the right of way on 21 September 2020.

The 59-year-old was running with his two dogs when surrounded by a numbers of cows, and then struck to the ground.

Witnesses reported that one of the cows then turned back and ran towards Mr Clark, as a result causing a fatal blow to his chest.

The father-of-three was pronounced dead at the scene by paramedics.

Advice and guidance – Controlling hazards

HSE guidance suggests a number of reasonably practicable ways that farmers, landowners and other livestock keepers should follow. Therefore, this will help control the hazards for walkers when keeping cattle in fields where the public have access.

These all start through properly assessing the risks posed by cattle to users of public footpaths and implementing suitable protective and preventative measures to minimise those risks so far as is reasonably practicable.

Tip: HSE guidance and advice on public safety can be found here.

Members of the public can find out about steps to safely enjoy the countryside and respect farming activities. Follow Government advice in The Countryside Code – GOV.UK (www.gov.uk).

Advice includes:

• Give livestock plenty of space. Their behaviour can be unpredictable, especially when with their young.
• Keep your dog under effective control to make sure it stays away from livestock. It is good practice wherever you are to keep your dog on a lead around livestock.
• Let your dog off the lead if you feel threatened by livestock. Releasing your dog will make it easier for you both to reach safety.

David and Andrew Turnbull, both both plead guilty to breaching the Health and Safety at Work etc. Act 1974.

Failure to protect public safety, resulting in fines

At Teesside Crown Court on 3 March 2025:

• Andrew Turnbull, 57, was fined £1,589 and ordered to pay £1,500 in costs.
• David Turnbull, 61, was fined £1,390 and ordered to pay £1,500 in costs.

HSE inspector says: “Andrew and David Turnbull had failed to do all that was reasonably practicable to prevent the public being put at risk by their cattle. Farmers,landowners and other livestock keepers need to be aware of the risk their cattle pose to the public. Taking suitable protective and preventative measures to mitigate that risk is essential.”

 

Safety Aide can assist your business regarding Health and Safety, including Risk Assessments,  please get in touch on 08000 806 801or email:  info@safetyaide.com