Cattle killed walker, farmer given prison sentence.

[BrianV]

Farmer receives prison sentence after cattle killed walker​

8 February 2022 | by FarmingUK Team | Agri Safety and Rural Crime, News

David Tinniswood was fatally attacked by cattle whilst following a public right of way on 30 May 2020
A Lancashire farmer has received a prison sentence for safety breaches after an 83-year-old man was fatally attacked by cattle in 2020.

The tragedy occurred when David Tinniswood and his wife followed a public right of way across Ivescar Farm at Chapel-Le–Dale in Carnforth, in May 2020.
An investigation by the Health and Safety Executive (HSE) found that the couple were walking on a footpath that passed through the yard at Ivescar Farm, following a right of way that runs from the farm down to the road.

The couple, who were accompanied by two border terriers, were attacked by cattle that were grazing in the field with calves at foot.
Leeds Magistrates’ Court heard this week how Mr Tinniswood, 83, was trampled and pronounced dead at the scene, while his wife sustained serious injuries.
Christopher Paul Sharpe, partner at J H Sharp and Son, of Ivescar Farm, pleaded guilty to breaching Section 3 (2) of the Health & Safety at Work etc Act 1974.
He received a prison sentence of 12 weeks, suspended for 12 months, and was fined a total of £878 and was ordered to pay £7820 in costs.

Speaking after the hearing, HSE inspector Julian Franklin explained that a number of measures could have been taken to safeguard walkers using the path.
“Firstly, not using that field for cattle and calves," he said, "Most farmers will have other groups of stock that can graze fields containing rights of way.
"[They] can reduce the risk of incidents by putting sheep in them, or they could take fodder crops from them.
"Cattle with calves can be put in fields without rights of way, away from members of the public, or can be segregated from walkers."
He added: “Farmers should ensure they take all reasonably practicable precautions to protect walkers on public rights of way, especially when they are grazing cows and calves together, or bulls are present.”

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Why the feck should we be forced to allow people to take dogs through our farms over footpaths, they are not allowed to take horses, cats, llamas, or any other animal with them so why are they allowed to take dogs?

 

[glasshouse]

What a travesty

 

[wanton dwarf]

The government promoted this situation with legislation and regulation - same as they did with "Smart Motorways".

Footpaths don't have to be used by anyone.

If people need exercise then GOVERNMENTS have plenty of cash available from taxes to create areas for exercise with plenty of onsite facilities. IF they stop wasting money by giving mates £100s millions for no good reason.

HSE didn't stop people being killed on Smart Motorways either.

 

[kiwi pom]

Why not just fence the footpath? Surprised that wasn't a solution mentioned by the HSE
Not worth the risk of leaving them unfenced in my opinion but I wouldn't put cows and calves in a field with a footpath anyway.

 

[cows sh#t me to tears]

Footpaths are about as ridiculous as the 2nd amendment in the US . Both are completely obsolete in the 21 century. I'm sure they were both needed once.... But not now. Neither countries forefathers could have envisaged either motor cars or automatic weapons.
Most people won't get off their ass if you ask them too. Yet they feel the need to "walk" through private property. Ridiculous. Laws can be changed...after all you did away with the death penalty.

 

[icanshootwell]

The problem here is people don,t stick to the footpaths, i have thought about fencing strips against the footpath, but you have the problem then of weed control and trimming the hedge etc.
I caught a guy the other day who had 2 spaniels, he was walking around the whole field that has a footpath running down the one side. When i asked him what the f**k he was doing, his reply was these dogs need a good run.
I,m guessing the old chap that died didn't let the dog go, keeping the dog tight and on a lead would put you in danger if cows are charging. The sad thing here is, it will happen again.

 

[Jrp221]

Councils need to be more flexible in allowing moving/temporary closure of footpaths. Since they won’t generally allow closing them, having footpaths across the middle of fields especially on grazing land makes the ability to fence them really difficult. Maybe allowing 28days/yr closure or an easier way to get them diverted should be looked at? Permenately fencing footpaths through grazing land is the only way of protecting our stock from dogs, neospora etc and keeping the public away from our animals but yet again this would hit the farmers pocket and imagine the uproar of the public who think the footpath also allows them the right to walk where they like and for their dog to run and sh1t everywhere.

 

[HatsOff]

HSE didn't stop people being killed on Smart Motorways either.

Motorways aren't workplaces, HSE has no role in highway safety unless it's a construction site.

I have to say, not having (edit - or take precautions) cattle with calves at foot in a field with a footpath has been the advice for as long as I can remember - presumably there wasn't even a warning.

At least it is a suspended sentence.

 

[Jato]

What happened here is very sad for all concerned.

There should be a right of the land owner to put temporary closure of footpath sections if there is a potentially dangerous situation, this could be called a risk assessment.
This Is what happens on the road network.
This should be supported by councils as a practical solution instead of being chastised by a claim of “human rights”.

 

[cows sh#t me to tears]

Fkn glad I don't live there with all that crap. We have trespass laws here. And this is the stupidity of a bygone law. You can't just go for a wander with precious the mutt through a factory (work place) , nuclear power plant, refinery .... you name it, ANY OTHER work place has trespass laws to protect the staff and idiotic Joe public. Farms are work places and have no place for footpath walking idiots.

 

[Robt]

Footpaths are about as ridiculous as the 2nd amendment in the US . Both are completely obsolete in the 21 century. I'm sure they were both needed once.... But not now. Neither countries forefathers could have envisaged either motor cars or automatic weapons.
Most people won't get off their ass if you ask them too. Yet they feel the need to "walk" through private property. Ridiculous. Laws can be changed...after all you did away with the death penalty.

To say footpaths are ridiculous is a very silly uneducated comment. My dear friend (like thousands of others ) surfers with very poor mental health. For him to get out in the fresh air is the difference between a good day and yet another day being stuck in his bedroom watching the clock. Yes he could walk on the roads but he enjoys the peace of nature. I do hope you never suffer as he has and you never realise juts how important footpaths are to everyone .
Edit, perhaps on the back of this the NFU can push to allow temp closures of footpaths as mentioned above. This would be the perfect solution for all sides .

 

[hoff135]

If I wandered on to a construction site like hs2 I'd probably be charged, the public aren't allowed access to places like this as its deemed too dangerous. Yet a farmer is not allowed to bar walkers from his land on health and safety grounds. What a joke

 

[quattro]

Why is there people saying cows n calves shouldn’t be in a field with footpaths I’d say people shouldn’t be in the field
how many other business have to contend with folk walking through their workplace
there’s plenty of places to walk if you desire

 

[Scholsey]

I’m surprised footpaths aren’t more of a issue when it comes to renting/buying ground, you might aswell not own the ground the footpath stands on, your not allowed to crop it/plough it/build on it yet your responsible for people who use them, it’s lose lose with the bloody things.

 

[BrianV]

The problem here is people don,t stick to the footpaths, i have thought about fencing strips against the footpath, but you have the problem then of weed control and trimming the hedge etc.
I caught a guy the other day who had 2 spaniels, he was walking around the whole field that has a footpath running down the one side. When i asked him what the f**k he was doing, his reply was these dogs need a good run.
I,m guessing the old chap that died didn't let the dog go, keeping the dog tight and on a lead would put you in danger if cows are charging. The sad thing here is, it will happen again.

Wouldn't the very simple remedy be to let farmers ban dogs for the time whilst cattle are in a field with a footpath through it, of course with a no brain government this would never happen!

 

[DrWazzock]

Wouldn't the very simple remedy be to let farmers ban dogs for the time whilst cattle are in a field with a footpath through it, of course with a no brain government this would never happen!

You will find this government has more time for the Ramblers Association than farmers. Certainly my local Conservative MP can’t do enough for walkers rights. Small business and private landowners are so yesterday to this government.

 

[cows sh#t me to tears]

To say footpaths are ridiculous is a very silly uneducated comment. My dear friend (like thousands of others ) surfers with very poor mental health. For him to get out in the fresh air is the difference between a good day and yet another day being stuck in his bedroom watching the clock. Yes he could walk on the roads but he enjoys the peace of nature. I do hope you never suffer as he has and you never realise juts how important footpaths are to everyone .
Edit, perhaps on the back of this the NFU can push to allow temp closures of footpaths as mentioned above. This would be the perfect solution for all sides .

Surely there is crown land/ regional/national parks available? A work place is just that. Your hse can't have it both ways. it either is or it isn't.
what do people in london do? walk through each other's backyards?

 

[fieldfarmer]

Why not just fence the footpath? Surprised that wasn't a solution mentioned by the HSE
Not worth the risk of leaving them unfenced in my opinion but I wouldn't put cows and calves in a field with a footpath anyway.

How many cows and calves do you actually have and how many feilds that you farm have footpaths in them, your comment make me think that your have no idea to the practically of fencing all paths.

 

[Fendt516profi]

Where do you put your cows and calves when the whole countries got right to roam?

 

[toquark]

I'm no fan of right to roam in Scotland, but in some ways it does take the pressure and liability off landowners when it comes to these issues. People can walk wherever they like, provided they stick to the outdoor access code (i.e. don't walk in fields with livestock, through crops, farm yards etc.). If they don't and they get hurt, then the landowner is not liable.

I guess it works here (and its certainly not without its issues) because the population pressure is that much lower, I couldn't imagine it working when you're sandwiched between two or three massive conurbation home to millions. Not a problem we have.