Two farmers, Andrew and David Turnbull, have been sentenced for their failure to protect members of public from their cattle.
The brothers were investigated by the Health and Safety Executive (HSE) after the death of former teacher David Clark. Mr Clark was trampled to death by a herd of cows whilst passing through their field in the Coalsgarth Valley, North Yorkshire.
Mr Clark (59), was on a run with his two dogs on 21 September 2020, when he took a route through the Turnbull brothers’ field. He was surrounded by cattle, who struck him to the ground. Witnesses reported that one cow then turned back and ran towards Mr Clark, causing a fatal blow to his chest.
Paramedics pronounced Mr Clark dead at the scene.
HSE’s investigation found that Andrew and David Turnbull failed to offer and display signs of an alternative route to a public right of way in their field.
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HSE guidance provides farmers, landowners and other livestock keepers with a number of reasonably practicable control measures to reduce the hazards cattle present to walkers. Those responsible for livestock must properly assess the risk to users of public footpaths, and implement suitable protective and preventative measures to minimise the risk to those affected.
Government advice in the Countryside Code provides members of the public with information about safely using public rights of way. This includes giving livestock a wide berth; cattle behaviour can be unpredictable, especially in proximity to their young.
Walkers with dogs are advised to keep them under effective control, and on a lead to ensure they stay away from livestock. Dog walkers threatened by livestock should let their dog off the lead to help themselves and their pet to reach safety more easily.
Appearing at Teesside Crown Court on 3 March 2025, David and Andrew Turnbull, both of Low Gingerfield Farm, Richmond, North Yorkshire, each pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974.
Andrew Turnbull (57) was fined £1,589. David Turnbull (61) was fined £1,390. Both were ordered to pay £1,500 in costs each.
HSE inspector Elliot Archer said:
“Andrew and David Turnbull failed to do all that was reasonably practicable to prevent members of the public being put at risk by their cattle. Farmers, landowners and other livestock keepers need to be aware of the risk their cattle pose to members of the public and take suitable protective and preventative measures to mitigate that risk.”
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Gavin Scarr HallDirector of Health and Safety
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