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Case Study: Woman trampled by cows – farmer
prosecuted
Thursday, 2nd April, 2015, by Alanna Furlan
In today's Health & Safety Bulletin:
- Case Study: Duty to protect members of the public
Dear Reader,
As an employer, you owe a duty of care to ensure that your workplace practices do not put a person in danger of illness or injury. You owe this duty not only to your workers, but also members of the public.
If the risk is reasonably foreseeable, you can be prosecuted for failing to take steps to eliminate or reduce the risk as much as possible, even if no injury occurs.
When it comes to protecting members of the public, how far does your duty extend?
Below, Michael Selinger, editor-in-chief of the Health & Safety Handbook, discusses a recent case from the UK, in which a farmer was prosecuted after a member of the public was trampled by cows while walking along a footpath.
Take care,
Alanna Furlan
Editor
Health & Safety Bulletin
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Case Study: Duty to protect members of the public
By Michael Selinger
Editor-in-Chief, Health & Safety Handbook
Editor-in-Chief, Health & Safety Handbook
An interesting case was recently reported in the UK in which a member of the public was almost killed by cows who trampled her as she was walking along a public footpath.
The case
The Court heard that the injured woman had managed to get away from the cows to a nearby farm and was then taken to hospital. She suffered very serious injuries, including punctured lungs, broken ribs, and spinal and facial fractures. As a result of her injuries, she was forced to spend 9 weeks in hospital, 5 of which were in critical care.
The key finding of the investigation, which formed the basis for the prosecution, was that the path was well used by locals, but the farmer had not assessed the risk to members of the public from putting cows with calves in the field.
The Health and Safety Executive (HSE), the safety regulator in the UK, said it was a well-known fact that cows with calves were naturally protective and saw people as a threat. As a result, the farmer had failed to put in place reasonable protections for members of the public against a reasonably foreseeable risk of injury.
The farmer pleaded guilty and was fined a total of £12,000 and ordered to pay £8,885 in court costs.
How could the injury have been prevented?
The controls the farmer could have implemented include:
- fencing;
- signs;
- temporary bypasses; and
- moving cows with calves away from fields close to public walkways.
This decision highlights an important issue of control and foreseeable risks. In this case, the risk of injury was clearly foreseeable for the farmer (even if not so obvious to the member of the public).
Further, the farmer’s failure to take the simple remedial steps within his control led to a breach of the safety law.
In your own workplace, you should consider the circumstances in which your operations may pose a risk of injury to members of the public, particularly in shared or common spaces. If risks do exist, ensure you undertake an analysis of how those risks may be controlled so that you can comply with your obligations and avoid serious injuries to members of the public.
Warm regards,
Michael Selinger
Editor-in-Chief
Health & Safety Handbook
Michael Selinger
Editor-in-Chief
Health & Safety Handbook
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Health & Safety Bulletin ISSN 1837-6533
Portner Press Pty Ltd
96-98 Bridport Street
Albert Park VIC 3206
Australia
The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2015 Portner Press Pty Ltd All Rights Reserved.
Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions.
Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911.
Health & Safety Helpdesk: Paid subscribers to the Health & Safety Handbook can ask our experts for advice.
Syndication: To republish an Health & Safety Bulletin article, please email cs@portnerpress.com.au for information.
Health & Safety Bulletin ISSN 1837-6533
Portner Press Pty Ltd
96-98 Bridport Street
Albert Park VIC 3206
Australia
