Farmers fined after retired teacher David Clark died when trampled by cows on their North Yorkshire farm in 2020.
A herd of cows knocked him down near Whashton Springs Farm. One cow then charged at Clark on the ground, knocking him several feet.
The court found Andrew and David Turnbull at fault for not providing a safe alternative route. Walkers had no clear way around the cows, which would avoid cows with calves. The court admitted this may not have stopped the tragedy, and walkers might have still chosen the field.
A couple heard Clark shouting and cows bellowing, then rushed to help him. Clark’s whippet ran around with its lead, and the cocker spaniel’s lead lay on the ground. The wife saw both dogs off their leads while cows formed a circle around Clark.
The couple drove into the field and got one dog into their car. The cows moved, but Clark died there. The brothers apologized for Clark’s death.
They run a family farm and never imagined a criminal court case. Clark’s death greatly affects them. Andrew and David admitted guilt for failing to ensure public safety.
The court said their failure might not have caused Clark’s death. The farmers had put up some warning signs, one saying, “Dogs must be kept on a lead,” and another advising letting dogs off-lead if chased by cattle.
The farmers chose mature cows with second calves, as these cows are less volatile. They watched cows for docile behavior and did not put problem cows in that field. The court repeated there was no direct cause.
Before this, cows attacked walkers three times. One man had been knocked and hurt in 2014, and cows knocked another down in 2016. A dog walker got charged at some other time.
David Turnbull also made efforts to meet his duty by watching the cattle closely and putting up signs. The risk of death from the breach was low.
The brothers own the farm with their parents. The cows grazed in that field for thirty years. The judge said their failure wasn’t the harm’s direct cause. He pondered if Clark would have altered his path, and wondered if an alternative route would have changed the event. The route only slightly reduced the risk.
The Turnbulls stopped using that field for grazing. Andrew Turnbull was fined £1,589 and David Turnbull was fined £1,390. The judge said the fines followed set rules. The fines do not equate to Clark’s life.