Michael Holmes
20 Jan 2023 · Coroner Kevin McLoughlin · West Yorkshire (Eastern)
The coroner's concerns
1. trampling by cattle on public footpath
“In an incident on 29 September 2020 Mr [name redacted] died after being trampled by cattle. His wife sustained major spinal and other injuries. It was a catastrophe for their family. The couple were walking on a public footpath which ran through the middle of a large field. It occurred as they were on a lunchtime walk at a time when they were working from home due to the Covid pandemic.”
2. trampling incidents involving cows with calves and dogs
“HSE Information sheet No 17EW (rev1) published 05/19 states the two most common factors in trampling incidents are cows with calves and walkers with dogs. Mr & Mrs [name redacted] had two dogs on leads at the time. The inquest heard evidence about four previous incidents in the incident field, three of which involved walkers accompanied by dogs. There appears to be a strong correlation between trampling incidents and walkers with dogs.”
3. aggressive cow reaction to dogs
“It is difficult to predict whether a particular cow will react aggressively to the presence of a dog in a field. It was suggested during the inquest, the risk of such a reaction is highest in the months after the birth of a calf.”
4. restriction of dogs on public footpaths
“To neutralise this risk, consideration should be given to empowering Local Authority Footpath officers (on an application made by a farmer in relation to an identified field), to prohibit dogs being taken onto the field for a specified period. In short, a temporary prohibition order.”
5. lack of signage about cattle and dogs
“An alternative approach would be to authorise landowners to post notices at the entrance to particular fields, alerting walkers to the presence of cows with young calves and advising them not to bring dogs into the field (whether on a lead or not) between specified dates.”
6. lack of risk assessment by farmers
“1. The current potential for a hazard to be created by walkers on public footpaths moving in proximity to a farmer's grazing cattle, requires management of these competing interests. It was contended at the inquest that the farmer is subject to a statutory duty to carry out a risk assessment in accordance with the Management of Health & Safety at Work Regulations 1999. It was contended that a landowner must conduct his business around the existing public footpath, irrespective of which came into existence”