by Niggly » Wed Apr 11, 2018 7:35 pm
Phousy656 wrote:
When I was young I wandered into a cow pasture. Subsequently, the cows came sprinting in my direction and I took off over the fence. The farmer told me that they were just curious and there was nothing to fear. The one to fear was much larger, with a mean look, and clearly was the leader of the pack.
This happened just up the road from me & we've used the public footpath regularly. I'd say never trust a farmer saying theres nothing to fear
A farmer whose cows trampled man to death gets suspended sentence
A farmer who was warned repeatedly over the course of more than a decade to improve safety on his land has been spared jail after a retired university professor was trampled to death by cows at the farm.
Mike Porter died after being trampled by the herd while he and his brother John walked their two dogs on a public footpath through one of Brian Godwin’s fields. John Porter was also injured but survived.
After previous incidents in which people were injured by cattle on his farm, health officials had told Godwin to put in segregating fencing or signs saying “cows with calves” to let people know the protective animals were dangerous, a court heard.
But sentencing him on Monday after Godwin admitted at a previous hearing to breaching his general duty to control his livestock, the judge said he had “quite blatantly failed to ensure the safety of people who came on your land”.
Tim Mousley QC, sitting at Swindon crown court, said: “You could have prevented his [Mike Porter’s] untimely death.” He handed Godwin a 12-month prison sentence, suspended for two years. The judge said Godwin would have to pay £30,000, which would be covered by insurance.
In May 2013 the Porter brothers had been rambling with their dogs, who were leashed, through a field on Godwin’s 400-acre farm near Bradford on Avon in Wiltshire.
About 30 “highly excited, jostling” continental beef cattle surrounded them and repeatedly trampled on Mike Porter, who curled up in a ball to protect himself. John Porter told an inquest into his brother’s death that the herd knocked them down repeatedly and seemed to deliberately trample on them “as if it was something they really wanted to do”.
Mike Porter, who was a father of two, managed to scramble out of the field but collapsed later and was airlifted to hospital. He later died from internal bleeding.
On Monday the judge told Godwin: “I’m quite satisfied that the way you managed your livestock created an obvious risk to people on public footpaths and a risk of serious injury. That was a risk that you failed to take reasonable steps to rectify and led to the terrible death of one man and serious injuries to another.
“There was an incident in 2004, two incidents in 2008 after which the health and safety executive required you to make some changes. Two further incidents in 2011 after which the health and safety executive required you to make further changes.
“It must have been clear at that stage, the warning signs were obvious. By May 2013, you were aware of all the previous incidents. You had made some improvements to farming practice. But what you did obviously was not enough. I’m satisfied you could have done more and you say you now realise that you could.
“Simply the expedient of installing a fence that would not have provided 100% safety but certainly would have reduced the risk. Mike Porter, by everyone’s account, was a devoted family man. He knew the importance of his family and their loss is immeasurable.”
In a statement issued after the hearing, Mike Porter’s family said they hoped lessons would be learned to help make the countryside safer for walkers.
[quote="Phousy656"]
When I was young I wandered into a cow pasture. Subsequently, the cows came sprinting in my direction and I took off over the fence. The farmer told me that they were just curious and there was nothing to fear. The one to fear was much larger, with a mean look, and clearly was the leader of the pack.[/quote]
This happened just up the road from me & we've used the public footpath regularly. I'd say never trust a farmer saying theres nothing to fear :lol:
[quote][b]A farmer whose cows trampled man to death gets suspended sentence[/b]
A farmer who was warned repeatedly over the course of more than a decade to improve safety on his land has been spared jail after a retired university professor was trampled to death by cows at the farm.
Mike Porter died after being trampled by the herd while he and his brother John walked their two dogs on a public footpath through one of Brian Godwin’s fields. John Porter was also injured but survived.
After previous incidents in which people were injured by cattle on his farm, health officials had told Godwin to put in segregating fencing or signs saying “cows with calves” to let people know the protective animals were dangerous, a court heard.
But sentencing him on Monday after Godwin admitted at a previous hearing to breaching his general duty to control his livestock, the judge said he had “quite blatantly failed to ensure the safety of people who came on your land”.
Tim Mousley QC, sitting at Swindon crown court, said: “You could have prevented his [Mike Porter’s] untimely death.” He handed Godwin a 12-month prison sentence, suspended for two years. The judge said Godwin would have to pay £30,000, which would be covered by insurance.
In May 2013 the Porter brothers had been rambling with their dogs, who were leashed, through a field on Godwin’s 400-acre farm near Bradford on Avon in Wiltshire.
About 30 “highly excited, jostling” continental beef cattle surrounded them and repeatedly trampled on Mike Porter, who curled up in a ball to protect himself. John Porter told an inquest into his brother’s death that the herd knocked them down repeatedly and seemed to deliberately trample on them “as if it was something they really wanted to do”.
Mike Porter, who was a father of two, managed to scramble out of the field but collapsed later and was airlifted to hospital. He later died from internal bleeding.
On Monday the judge told Godwin: “I’m quite satisfied that the way you managed your livestock created an obvious risk to people on public footpaths and a risk of serious injury. That was a risk that you failed to take reasonable steps to rectify and led to the terrible death of one man and serious injuries to another.
“There was an incident in 2004, two incidents in 2008 after which the health and safety executive required you to make some changes. Two further incidents in 2011 after which the health and safety executive required you to make further changes.
“It must have been clear at that stage, the warning signs were obvious. By May 2013, you were aware of all the previous incidents. You had made some improvements to farming practice. But what you did obviously was not enough. I’m satisfied you could have done more and you say you now realise that you could.
“Simply the expedient of installing a fence that would not have provided 100% safety but certainly would have reduced the risk. Mike Porter, by everyone’s account, was a devoted family man. He knew the importance of his family and their loss is immeasurable.”
In a statement issued after the hearing, Mike Porter’s family said they hoped lessons would be learned to help make the countryside safer for walkers.[/quote]